Consumer Protection – New changes for service providers: modification of Resolution 1033/2021 of the Secretariat of Domestic Trade

By Mariano Peruzzotti and Belen Sorrentino.

On October 6, 2021, Resolution 1033/2021 of the Secretariat of Domestic Trade (“Secretariat”) was published in the Official Gazette. It established the Minimum Mandatory Quality Parameters for Remote Attention and Communication Services to be provided by certain suppliers of goods and services. On May 3, 2022, Resolution 425/2022 was published in the Official Gazette by the same Secretariat. The rule replaced several articles of the annex of Resolution 1033/2021.

The most relevant changes are the following:

• Article 5: Debts
  • It is mandatory to inform the consumer the statute of limitations to claim debts of services if requested by consumers.
• Article 6: Free zero debt certification
  • The supplier must provide a zero-debt certification if the debt cannot be longer claimed.
• Article 9: Customer services waiting time
  • For 90% of the cases providers must avoid a waiting time of more than 5 minutes counting from the reception of the first message until the call is answered by an operator or commercial agent.
• Article 16: Calls
  • In line with article 8 of the Regulatory Decree of Do Not Call Law No. 26,951, consumers can be contacted by providers during non-working days and hours in the following cases:  pursuant to :
    • Public welfare campaigns;
    • Emergency calls to ensure the health and safety of the population;
    • Electoral campaigns;
    • Calls from those who have a contractual relationship as long as they strictly refer to the object of the contract, made in a reasonable manner and time;
    • Calls from those who have been expressly allowed by the owner or user of the line.

The resolution also grants an additional 3- month term for providers to adjust their practices. The new term will expire on August 3.

For further information contact: mperuzzotti@ojambf.com.

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