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In brief

Law No. 31435 was published on 22 March 2022, amending the Consumer Protection and Defense Code which modifies  the deadlines for handling consumer protection claims. 


With this new rule, suppliers have 15 business days to respond to consumer complaints. This period is non-extendable, and applies to claims submitted through the Complaints Book  or by any other means established by the supplier for that purpose. The law will enter into force 60 calendar days after its publication, that is, on 21 May 2022. The Law will be effective for all claims and/or complaints on, or after this date. 

Prior to the amendment, suppliers had 30 calendar days to respond to a consumer claim, which could have been extended up to 30 additional days, and it was not mandatory. However, the amendment reduced the term, obliging suppliers to respond within a maximum term of 15 calendar days, and this cannot be extended. 

We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.

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Author

Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

Author

Crosbby is a senior associate and has more than nine years of experience in competition law, advertising and regulation, both in the private and public sectors, which allows having a holistic view of the difficulties of our clients. He has participated in the most important investigations and procedures in competition law in Peru. Different law firm rankings have highlighted his work in the field of competition law and telecommunications, due to his deep knowledge in the subjects. Crosbby also has knowledge in microeconomics, which allows him to have a multidisciplinary approach in competition law that is an advantage for our clients. He also has solid technical knowledge in the field of telecommunications. Crosbby is in charge of legal counselling in competition matters, advertising regulation, consumer protection, telecommunications and data protection. In the same way, he is in charge of the defense of our clients in different proceedings before INDECOPI and OSIPTEL.

Author

Viviana is a senior associate and has extensive experience in competition law, with experience in advising companies on matters related with the application of the antitrust law, unfair competition law, and consumer protection law. Viviana has participated in several administrative procedures before the Free Competition Commission, the Unfair Competition Commission, the Consumer Protection Commission, and the Elimination of Bureaucratic Barriers Commission and before the Competition Court of the National Institute of Competition Defense and Protection of Industrial Property (INDECOPI). Viviana also has experience in data privacy matters, having advised several companies on their implementation to such legal framework.

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