In Peru the non compliance of settlement agreements will be sanctioned

The recent changes made to the Peruvian Code of Consumer Protection and Defense, through Legislative Decree N° 138, by the Executive seeks to generate a favorable impact to the fulfillment of the settlement agreements by the suppliers.

The standard makes a clear reference to the fines that are to receive the service providers in the event of failure to comply with what was agreed, the economic sanctions are going from a ITU (S/ 4.050 ) up to 200 ITU (S/ 810.000).

It should be noted that the Legislative Decree also incorporates mechanisms such as search and recognition of providers, promote self-determination, non-appealable coercive fines, remedial corrective measures, elimination third instance, documentary evidence in ROSP, inadmissibility, precautionary measures, observance of the rule and precedents of mandatory compliance.

Suppliers will be able to mitigate the punishment in the case that recognize their offense, however this does not apply in cases of discrimination, acts contrary to life and health, and hazardous substances. Also if the providers and consumers resolve their dispute through conciliation, mediation, settlement or other agreement Indecopi you will always resolved that does not affect third parties.

For further information and/or advice on the topic you can send us an e-mail to omago@omcabogados.com and marketing@omcabogados.com.pe