In brief
By means of Resolution No. 994/2021 (“Resolution“), the Domestic Trade Secretariat extended the list of clauses considered abusive in consumer contracts.
The Resolution became effective as of 2 October 2021 (“Effective Date“).
As from the Effective Date, 15 new clauses will be added to the list of abusive clauses foreseen under the Annex of Resolution No. 53/2003.
Some of the new clauses that will be considered abusive — in terms of the Consumer Protection Law No. 24,240, as amended and complemented — are as follows:
- hindering, distorting or limiting consumers’ right to revoke their acceptance of contracts executed at a distance, including those celebrated by electronic means
- allowing suppliers of goods and services to use a consumer’s data after the contract has ended and the consumer has requested such data to be deleted
- considering the contract to have been accepted simply becasue the consumer navigated the website
- allocating to consumers the consequences of force majeure events
- excluding or limiting the supplier’s liability for damages
The Resolution was issued after the Domestic Trade Secretariat detected that suppliers of goods and services included these types of clauses in consumer contracts.
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