After the National Assembly processed President Guillermo Lasso’s partial veto on the Organic Law to Defend the Rights of Clients of the National Financial System and Avoid Undue Charges and Unsolicited Services, it sent this regulation to the Official Registry.
The Legislative accepted 12 of 32 objections formulated by the Executive; in the 20 remainingthe assembly ratified in the approved text last December, according to the report prepared by the Economic Regime Commission.
The resolution was approved with 123 votes in favor on Wednesday afternoon. It includes reforms to the Monetary and Financial Code, the Consumer Protection Law and the Telecommunications Law.
The rule establishes a collection limit by call, messages or email; the term for the return of products and changes of plans without additional charges.
These are the main themes.
Collection Harassment Prohibited
The collection companies contracted by the suppliers, which carry out collection management by telephone, by means of messages, calls or email, They will not be able to do it more than once a day.
Neither before 07:00 or after 20:00, nor on weekends or holidaysor from an unidentifiable phone number.
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Therefore Harassment, intimidation or bullying is prohibited persistently and repetitively against a consumer for the collection of a debt.
Controls over banking services
It was established that financial service entities carry out controls on the services they provide through electronic banking and other electronic channels. In addition, that they implement adequate and sufficient security to safeguard user resources.
They must also inform customers of the security measures applied in relation to the use of keys and passwords.
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And they will have to submit to the National Assembly an accountability report during the first quarter of each year with respect to the previous fiscal year, which will include a description of the general state of the national financial system, as well as the results of the control and defending the rights of users and customers.
claims
The rule indicates that the entities of the financial system They must submit a report on the number of claims filed to the competent Superintendence every six months.claims handled favorably and amounts returned.
Clients have the right to direct complaints and requests in any agency or branch of financial institutions, control body and customer ombudsman.
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Now the financial institutions must attend and respond to the user within a maximum period of 15 days claims originating in the country. If it is outside, the term is 40 days.
Meanwhile, if in cases of claims in which there is no prior authorization from the client for collections, the financial entity must returnwithout further formality, the entire amountplus interest calculated from the date the charges occurred.
These returns must be made in maximum three days.
Right to protection
The regulations establish that clients of the national financial system shall have the right to require the adoption of measures that guarantee both the security of financial operations and to receive effective protection without delay by the client’s ombudsman, the superintendencies and other competent administrative or judicial instances in the following cases:
- Existence of prohibited clauses that violate your rights.
- Violation of the protection of your personal data that financial entities obtain.
- Denial of access to your credit information and personal data by physical or digital means, which appear in any database of the entities of the national financial system.
- Rectification may be required free of charge when information is inaccurate or erroneous.
- Use of judicial and extrajudicial collection methods by financial institutions that violate privacy, personal dignity, honor and good reputation.
- Unilateral modifications of conditions and terms included in contracts. Refusal to receive deposit guarantee fund coverage.
- Refusal by financial entities to provide information and documentation of all acts that support the negotiation, contracting, execution, termination of contract and the provision of products and services in which they are direct providers.
- Failure to obtain documents that have been canceled and endorsed due to the subrogation of the indirect obligation.
Return of products
Consumers, according to the regulations, have the right to return, exchange or discontinue a product or service when they are dissatisfied or when it does not meet their expectations.
The term to make changes or returns is 15 days after delivery of the product, in the state in which they were received.
In the case of services, their return translates into the immediate suspension of their contract.
contract plans
Reforms to the Telecommunications Law are established where changes are made to the rights of subscribers, customers and users of that service.
Customers can request to change the contracted plan, without generating any additional financial obligation.
Elimination of international roaming charges: This must be done in case of traveling to Colombia, Peru and Bolivia
Service providers with prepaid and postpaid plans are required to offer plans that allow the minutes of calls, text messages and megabytes of data that are not used to accumulate for the next billing period.
Purposes of the Superintendency of Banks
The Executive proposed to eliminate article 60 considering it redundant, but the Assembly passed it with certain modifications.
So, the Superintendence of Banks will carry out the surveillance, audit, intervention, control and supervision of financial activities exercised by public and private entities of the national financial system, with the purpose that these activities serve the general interest, are subject to the legal system, and to avoid, prevent and discourage fraudulent and prohibited practices in order to protect the rights of the users and/or clients of the national financial system. (I)
Source: Eluniverso
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