In Costa Rica there is a special regime on consumer protection regulated in the Law for the Promotion of Competition and Effective Defense of the Consumer (Law No. 7472); and Executive Order No. 37899, which regulates the Law 7472. Also, there is a protection regime for final users in the telecommunications market, regulated in the General Telecommunications Law.

Article 2 of Law No. 7472 defines a consumer as "Any natural person or legal or factual entity, which, as the final recipient, acquires, enjoys or uses goods or services, or receives information or proposals for it. A consumer is also considered a small industrialist or artisan — in the terms defined in the Regulations of this Law — who acquires finished products or inputs to integrate them into the processes to produce, transform, market, or provide services to third parties." 

Article 6 of the General Telecommunications Law defines the final user as "a user who receives a telecommunications service without exploiting public telecommunications networks and without providing telecommunications services available to the public."

Article 2 of Law No. 7472 establishes in its definition that consumers "acquire, enjoy or use goods or services", and includes all products and services marketed in the Costa Rican territory. 

Yes, both article 32 of Law No. 7472, as well as article 88 of its regulations, establish the following consumer rights:

• Protection against risks that may affect their health, safety, and the environment.
• Protection of their legitimate economic and social interests.
• Access to accurate and timely information on the diverse products and services, with precise specification of quantity, characteristics, composition, quality, and price.
• Education and dissemination on the appropriate consumption of goods or services, which ensure freedom of choice and equality in contracting.
• Administrative and judicial protection against misleading advertising, abusive practices, and clauses, as well as unfair commercial methods or those that restrict free choice.
• Effective access mechanisms for the administrative and judicial protection of their rights and legitimate interests, which lead to adequately prevent, sanction, and promptly repair their injury, as appropriate.
• Receive the support of the State to form consumer groups and organizations and the opportunity for their opinions to be heard in the decision-making processes that affect them.

Article 45 of the General Telecommunications Law establishes the rights of telecommunications end users:

• Receive truthful, expeditious and adequate information about the provision of services.
  Freely choose and change the service provider.
• Previously authorize the change of service provider.
• Receive fair, equal and good faith treatment from service providers.
• Receive the service continuously, equitably, as well as have access to the improvements that the provider implements, for which you will pay the corresponding price.
• Free access to emergency services, when it comes to telephone or similar services.
  Receive the monthly bill for the service in a timely manner, in the form and by the means in which your privacy is guaranteed.
• Obtain prompt correction of billing errors.
• Receive quality services in the terms previously stipulated and agreed with the provider, at affordable prices.
• Know the quality and performance indicators of telecommunications service providers available to the public.
• Have a free national telephone directory and a national voice information service, regarding its content.
• Maintain telephone numbers without compromising quality, reliability or convenience when switching between similar service providers.
• Be informed by the supplier, in a timely manner, when there is a change in prices, rates or previously contracted plans.
• Be informed in a timely manner of the disconnection of services.
• Obtain compensation for interruption of service due to faults attributable to the supplier.

No, the regulations do not provide for consumer duties.

No, consumer Law in Costa Rica applies to transactions that occur within Costa Rican territory. This means that consumer protection laws in Costa Rica are designed to protect consumers in transactions that take place within the country and with companies that operate in Costa Rica. Any claim by merchants domiciled outside of Costa Rica must be filed in court.

Yes, in Costa Rica, there are specific regulations and considerations for different types of goods and services within the framework of Consumer Law, the laws and regulations may vary according to the sector and type of transaction, such as financial services or telecommunications. 

Article 91 of Executive Order 37899 indicates: "The merchant must sufficiently inform the consumer and in an explicit, truthful manner and in Spanish of all the elements that directly affect their decision to consume. (…)".

Article 92 indicates "(…) the nature, composition, content, weight, when applicable, must be reported; the characteristics of the goods and services; the country of origin, the functional life of the products, as well as any other determining information."

Article 93 indicates "The prices of goods, and services must be indicated in such a way that there is no doubt about the final amount including all taxes, charges or commissions when applicable. (…)"

Article 98 indicates "(...) the trader or supplier must provide consumers with instructions for proper use of the items and inform them about the risks involved in their intended or normally foreseeable use for their health, safety and the environment."

Yes, Article 103 of Executive Order 37899 indicates that: "Every good or service that is sold or provided must be implicitly guaranteed, in terms of compliance with quality standards and technical requirements that for reasons of health, environment, security; establish the respective laws, regulations and norms dictated by the Public Administration. This implicit guarantee refers to nature, characteristics, conditions, quality and usefulness or foreseeable purpose for which it is normally acquired."

Article 104 indicates: "The minimum guaranteed term will be thirty business days, counted from the date of delivery of the good or provision of the service, without prejudice to the fact that the merchant or supplier grants longer terms, in which case these prevail."

Yes, both Law 7472 and its regulations refer to products of a durable nature, article 105 of the regulation indicates: "In durable personal property, such as equipment, appliances, machinery, vehicles and tools or in repair services, assembly or reconstruction of such goods, the guarantee must be in writing. This must appear on the label, in a separate document or on the invoice that must be delivered to the consumer at the time of selling the good or providing the service."

Article 108 indicates: "In the case of goods of a durable nature, the guarantee will be governed by the following specific provisions:

1. The guarantee will include the vices or defects that affect the identity between what is offered and what is delivered, and its proper functioning, unless these have been in the past reported and are stated in writing, on the invoice or in a separate document, at the time of contracting and the consumer accepts them.
2. During the period of validity of the guarantee, its owner will have the right, as a minimum and as appropriate to:

1. 1. The reimbursement of the price paid.
   2. The exchange of the good for another of the same kind, similar characteristics, or technical specifications, which in no case may be less than those of the product that gave rise to the guarantee.
   3. The free repair of the good."

A consumer can initiate a claim about a product or service purchased in Costa Rica for various reasons, related to the violation of their rights, such as misleading or false advertising, breach of warranty, breach of contract, discrimination, or unequal treatment. 

In the telecommunications market, final users can file claims for the violation of their rights. The claim must be presented to the operator or supplier itself, which must be resolved within a maximum period of ten calendar days. In the event of a negative or insufficient resolution or the absence of a resolution by the operator or supplier, the claimant may go to Sutel.

Yes, a judicial action must be initiated for compensation for damages, in accordance with article 1045 of the Civil Code, or as well as objective civil liability, in accordance with article 35 of law 7472

Consumers can file a complaint with the National Consumer Commission, which is an entity of the Ministry of Economy, Industry and Commerce. These complaints are processed in more brief periods and by an entity specialized in consumer matters, which allows a more effective solution to the dispute presented. 
In the telecommunications market, final users can file claims for the violation of their rights. The claim must be presented to the operator or supplier itself, which must be resolved within a maximum period of ten calendar days. In the event of a negative or insufficient resolution or the absence of a resolution by the operator or supplier, the claimant may go to Sutel.

Yes.

In Costa Rica, consumer-related matters can give rise to class or group actions, however, they are not frequent. 

Article 35 of Law 7472 indicates "Producer, supplier and merchant must respond concurrently and independently of the existence of fault, if the consumer is harmed by reason of the good or service, inadequate or insufficient information about them or their use and risks."

Yes, the National Consumer Commission is a maximum decentralized entity of the Ministry of Economy, Industry and Commerce (MEIC), which is responsible for resolving consumer complaints and serves as an Administrative Court. 

The Telecommunications Superintendency (SUTEL) is in charge of regulating the Telecommunications market in the country, this implies:

• promoting competition,
• authorizing operating companies or service providers,
• promoting interconnection between companies,
• among others.

The Residents' Data Protection Agency (Prodhab) is a institution attached to the Ministry of Justice and Peace, whose objective is to guarantee any person, regardless of their nationality, residence or domicile, respect for their right to information. informative self-determination in relation to your private life or activity and other personality rights, as well as the defense of your freedom and equality with respect to the automated or manual processing of data corresponding to your person or property.

The National Consumer Commission may impose the following sanctions:

1. Fine of one to ten times the base salary of office worker 
2. Fine ten to forty times the base salary of office worker 1.
3. Inform the public or order, at the expense of the offender, the publication in a social media of the sanction imposed, the name or company name of the offender and the nature of the infraction.

SUTEL may impose the following santions:

• Fine of between 0.5% and up to 1% of the gross income of the operator or supplier obtained during the previous fiscal period.
• Fine of between 0.025% and up to 0.5% of the gross income of the operator or supplier obtained during the previous fiscal period.

Yes, the National Consumer Commission has the power to order, according to the seriousness of the facts, and as a precautionary measure, the freezing or confiscation of assets, the suspension of services, or the temporary cessation of the reported facts that violate the provided by law, while a resolution is issued on the matter.

No, the legal regime on safety campaigns or product recalls applies to products marketed in the territory of Costa Rica.

Yes, Costa Rica has specific regulations that address e-commerce and protect consumer rights in online transactions.

Electronic commerce regulation regulates the relationships between merchants and consumers, in the field of electronic commerce, regardless of the platform used, including but not limited to:

• E-commerce websites: These are websites dedicated exclusively to selling products or services online.
• Online Marketplaces: These are platforms where individual sellers or companies can list and sell their products.
• Social networks: Some social networks, such as Facebook, Instagram and Pinterest, allow businesses to set up online stores and sell products directly through their profiles.
• Mobile Apps: Many companies develop dedicated mobile apps for online shopping.

Yes, consumers have additional rights in electronic commerce:

• Receive clear and complete information about the products or services you are purchasing online.
  The right of withdrawal, which allows you to cancel certain online purchases within a specific period and obtain a refund, without having to justify the decision.
• Right to have your personal data treated securely.
• Right to have online transactions secure and protected against fraud.
• The information directed has the same protection as that carried out through other forms of commerce, any statement with a representative or declarative nature, expressed or transmitted by electronic or computer means, will be considered legally equivalent to the documents that are granted, reside or transmitted. by physical means.
• The protection that the consumer has in electronic commerce cannot be less than the protection granted by the provisions of Law No. 7472 in physical commerce.

Likewise, obligations are established for merchants in electronic transactions:

• The merchant must inform in a true, reliable, sufficient, clear, accessible and updated manner of his true identity, specifying his main geographical location, name or company name, identity document or legal card, registered office, telephone, email and other points of contact. contact information, appropriate domain name registration information for websites they are promoting or engaging in business transactions with consumers, and any relevant government registration or licensing information.

As applicable and appropriate to the transaction, the information must include the following elements:

1. 1. the complaints handling system adopted by the trader, including contact details where consumer complaints are addressed;
   2. payment, delivery and execution procedures;
   3. when applicable, the date for the delivery of the good or the beginning of the provision of the service.
   4. the terms of the contract in Spanish;
   5. the conditions, term and procedures for exercising the right of withdrawal;
   6. a reminder of the existence of a legal guarantee of conformity for the goods, as well as the conditions for enforcing it;
   7. where applicable, the existence of after-sales consumer assistance, after-sales services and commercial guarantees, as well as their conditions;
   8. the duration of the contract and, where applicable, the minimum term of its duration. If the contract is of indefinite duration or if it is automatically extended, the conditions for its termination.
   9. The merchant must refrain from previously selecting any service, as well as the automatic contracting of successive or recurring services. The merchant of said services must provide information to the consumer about the identity of the sender, the cost of the service, the frequency of referral, and any other decisive element in the contracting or acquisition of the service.

The merchant must guarantee that the consumer knows in advance, sufficient, clear and unequivocal the moment in which he or she is required to confirm the transaction, as well as the steps necessary to complete it. During this confirmation process, the merchant must present the consumer with a summary of the transaction, including the goods and services in question, the delivery time, the price, any additional costs of the transaction and the total amount of the transaction. operation; as well as any other relevant element that makes up the transaction.

When a merchant makes public its membership in a self-regulatory program, business association, dispute resolution organization, or other body, it must provide sufficient information to the consumer so that the consumer can contact the body directly.

Merchants must adopt effective, reliable and certified security systems, in order to guarantee the security, integrity and confidentiality of transactions and payments made by consumers.

Yes, the e-commerce regime established by regulatory authorities is applicable for the purchase and sale of crypto assets.

No, in Costa Rica there is no specific regulation aimed exclusively at influencers when it comes to advertising. Influencers and the brands that work with them must ensure that their advertising activities comply with general regulations. The authority issued a “Guide to Promote the Truthfulness of Advertising carried out by Influencers on Social Networks”, in order to guide influencers on the responsibility they must have and comply with advertising standards regarding the truthfulness of the publications and advertisements of brands, products and services on social networks.

Yes, the Financial Consumer Law is expected to come into force, which introduces consumer law regulations into a specialized regime.