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Law 659 of 2005 on Consumer Protection as amemded by Law 265 of 2014.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
This Law comprising 132 Articles organized into sixteen Parts aims to (i) determine the general rules that protect consumer protection, health, safety, and quality of goods and services; (ii) preserve consumer rights and ensure the transparency of economic transactions in which the consumer is one of the parties; (iii) protecting the consumer from fraud and deceptive advertising, and preventing its exploitation. The Article specifies that the provisions of this Law do not govern the relationships between professionals. Consumers have the following rights, provided in Article 3 (i) maintain health and safety when using goods or services, ensuring they meet quality and type standards; (ii) fair and non-discriminatory treatment from professionals providing products for local use or export; (iii) access accurate, clear, and comprehensive information about goods or services, including pricing, features, proper use, and potential risks; (iv) replacement, repair, or a refund for non-conforming goods or services when used correctly; (v) complete and appropriate compensation for damages resulting from using goods or services as intended; (vi) establish and join consumer protection associations; (vii) pursue legal action individually or collectively through consumer associations to protect their rights or seek compensation for any damages incurred.
Moreover, the Law underscores the consumer's right to access essential information, including pricing details and mandatory product labeling (Article 4). Article 10 further specifies that those offering used or refurbished goods, or products with non-harmful defects, must clearly disclose the condition of such goods both on the product and at their business location. Part Four of the Law addresses advertising, defining false advertising and emphasizing the advertiser's responsibility to substantiate the accuracy of their claims by providing requested documents to the Consumer Protection Directorate or the relevant court (Article 11). The professional who resorts to announcing a special offer, with the aim of promoting a good or service, must specify either the period during which this good or service will be available or the available quantity (Article 15). Part Six focuses on the contractual relationship and it is established that contracts must be interpreted in the interest of the consumer, taking into account the extent of the consumer’s satisfaction, the conditions of the agreement, the benefits that the agreement grants him, and the balance between the rights and obligations of the two parties. The merchant is placed under an obligation of guarantee towards the consumer. This obligation translates into various ways. Article 28 states that the merchant must guarantee the quality of the goods and services. Article 29 further states that the merchant has an obligation to guarantee invisible defects that damage the quality or render the goods or services unsuitable for destined use.
Furthermore, Article 41 introduces an additional regulatory measure, granting the Consumer Protection Directorate (created by Article 63 demanded to ensure the implementation and the application of the Law), within the Ministry of Economy and Trade, the authority to request the examination of a specific product in accredited laboratories, with the associated costs borne by the merchant or manufacturer. This provision is especially relevant when a product is introduced to the market for the first time or when there are concerns about its potential to endanger consumer health and safety. Article 45 delineates the Ministry of Economy and Trade's powers in situations where information indicates a risk to public health or safety stemming from the use of a product or service. Article 46 reinforces the responsibility of the merchant or manufacturer for any resulting damages. Part Ten pertains to operations conducted by a merchant either remotely or at the consumer's residence.
Under the Part entitled The Role of the State in Consumer Protection, at the Ministry of Economy and Trade it is established the National Council for Consumer Protection, chaired by the Minister, undertaking the following tasks (i) supporting the role of the consumer in the national economy; (ii) preserving consumer health, safety and rights; (iii) ensuring the safety of goods and services and improving their quality; (iv) educating, informing, guiding and urging the consumer to use sustainable consumption patterns and to adopt goods and services that preserve the environment; (v) propose determining the procedures for implementing the provisions of this Law. The regional departments in the governorates, each within its scope, represent the central administration. It is particularly responsible for implementing laws and regulations related to consumer protection. These departments are also responsible for investigating complaints, combating fraud, monitoring prices, verifying the quality and safety of goods and services, and implementing the food safety policy. Regional departments are functionally linked to the relevant unit in the central administration (Article 65).
Article 68 specifies the functions of the consumer protection associations as follows (i) defending consumer interests and rights; (ii) representing consumers collectively and free of charge before official bodies and departments, professionals, and litigation, with the aim of preserving their rights; (iii) collecting and publishing information, analyses, tests related to goods and services and how to use them; (iv) conducting campaigns to educate and guide consumers and issuing magazines, bulletins, publications; (v) providing consultations. For the resolution of the disputes it is established a concerned Committee at Article 97. Penalties are provided in Part Fifteen for the various possible contraventions of the Law, including food adulteration.
Entry into force notes
This Law enters into force three months after its publication in the Official Gazette.
Repealed
No
Source language

English

Legislation Amendment
No