	Latin American Consumer Guide 2024
	Dominican Republic
	(Latin America/Caribbean) Firm Pellerano & Herrera Contributors Yolemny Cruz
What is the applicable legal regime addressing consumer protection in your jurisdiction?	Consumer Law in the Dominican Republic is primarily regulated by Law No. 358-05, also known as the "Consumer and User Protection Law." This law establishes the rights and duties of consumers and users, as well as the obligations of providers of goods and services concerning the protection of consumer rights.
What is the definition of a consumer?	According to Law No. 358-05 in the Dominican Republic, a consumer is defined as a natural person or legal entity who acquires, uses, or enjoys as an end-user any product or service offered or provided by a supplier, whether or not it is for profit, and any person exposed as a recipient to advertising or commercial practices related to said products or services. This definition encompasses those who purchase goods or services for their own consumption and excludes those who acquire goods or services for the purpose of integrating them into a process of production, transformation, commercialization, or services to third parties.
What goods and services are covered by consumer protection legislation in your jurisdiction?	According to Law No. 358-05 in the Dominican Republic, consumer protection legislation covers a wide range of goods and services. The law applies to: Goods and products: This includes any tangible items offered to consumers, such as electronics, appliances, vehicles, clothing, and more. Services: The law also covers services provided by suppliers, including but not limited to tourism services, healthcare services, professional services, and others. Consumer protection legislation aims to ensure that consumers receive fair treatment, accurate information, and safe products or services in various sectors of the market. It establishes guidelines and regulations to protect consumers' rights and interests in their interactions with suppliers.
Do the applicable regulations provide a list of consumer rights?	Yes, the consumer rights in the Dominican Republic are outlined in Law No. 358-05 on Consumer Protection. Here is a list of some key consumer rights as specified by this law: Protection of Life, Health, and Physical Safety: Consumers have the right to be protected in terms of their life, health, and physical safety when consuming or using goods and services. Consumer Education: Consumers have the right to receive education on how to consume and use goods and services in an informed and safe manner. Accurate and Clear Information: Providers must offer accurate, clear, timely, sufficient, and written information in Spanish about goods and services available in the market. This includes prices, characteristics, operation, quality, origin, nature, weight, and specifications. This enables consumers to make informed decisions. Protection of Economic Interests: Consumers have the right to fair, non-discriminatory, and non-abusive treatment by providers of goods and services, safeguarding their economic interests. Redress for Damages: When consumers suffer damages due to a defective product or service, and the risk or damage was not previously disclosed by the provider, they have the right to timely and technically adequate redress. Consumer Associations: Consumers have the right to form consumer and user associations to strengthen their collective voice. Access to Justice: Consumers have the right to access the relevant judicial authorities to protect their rights and legitimate interests through a brief and cost-free procedure. Freedom of Choice: Consumers have the right to access a variety of products and services that allow them to exercise their choice freely, as well as select the provider they deem most suitable. Dignified and Healthy Environment: Consumers have the right to live and work in a dignified and healthy environment that does not jeopardize their well-being or health.
Do the applicable regulations provide a list of consumer duties?	No, while consumer protection regulations in the Dominican Republic, particularly Law No. 358-05, primarily focus on defining consumer rights and supplier responsibilities, they may not explicitly provide a comprehensive list of consumer duties. Instead, these regulations are designed to ensure that consumers are treated fairly and that their rights are protected when engaging in commercial transactions. Consumer duties are often implied and include: Honesty and Fairness: Consumers are expected to provide accurate information when participating in transactions and refrain from engaging in deceptive or fraudulent practices. Payment for Products and Services: Consumers should make payments for the products or services they have agreed to purchase, following the terms and conditions set forth in the contract or agreement. Compliance with Terms and Conditions of Registered Adhesion Contracts: Consumers must respect and adhere to the terms and conditions of any registered adhesion service contract as established by the regulatory authority. Although these duties are generally expected of consumers in any commercial transaction, Dominican Republic's consumer protection regulations may not explicitly enumerate specific consumer duties. Instead, the focus is on ensuring that consumers are treated fairly, have access to accurate information, and are protected against deceptive or harmful practices by providers.
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?	No, in general, the extraterritorial jurisdiction of a country's authority, such as the Dominican Republic (DR), can be a complex legal issue and may vary depending on the specific circumstances and applicable laws. However, it's essential to consider that consumer protection laws and regulations typically apply within the jurisdiction of the country in which they are enacted. When the offeror of products or services is not located within the territory of the Dominican Republic, the extraterritorial application of DR's consumer protection laws may be limited. These laws are primarily intended to regulate transactions and relationships that occur within the country's borders.
Is there any alternative or special regime depending on the type of good or service?	Yes, in the Dominican Republic (DR), there are specific regulations and alternative regimes that may apply depending on the type of goods or services. Consumer protection laws in the DR encompass a wide range of products and services, and these regulations often differentiate between various sectors. Here are some examples:Financial Services, Telecommunications, Healthcare Services, E-commerce, and others.
What is the minimum information required to be provided to the consumer with respect to goods?	In the Dominican Republic, consumer protection laws require that certain minimum information be provided to consumers with respect to goods. This information is intended to ensure that consumers can make informed purchasing decisions. While specific requirements may vary based on the type of goods, the following are some common elements of the minimum information that must be provided: Product Description. Price Warranty or Guarantee: Return and Exchange Policies. Safety Information. Origin and Manufacturing Information. Ingredients or Components. Expiration Dates.
Is there a general warranty for products and/or services?	Yes, in the Dominican Republic, consumer protection laws provide for a general warranty for products and services. This warranty is designed to protect consumers from receiving faulty or substandard goods and services. It's important to note that the specifics of warranty terms and durations may vary depending on the circumstances, the type of product or service, and any contractual agreements.
Are there any products that have a legal warranty different from the general warranty?	Yes, in the Dominican Republic, specific products may have legal warranties or protections that differ from the general warranty provided under consumer protection laws. These differences can arise based on the nature of the product, its intended use, and specific regulations or laws governing certain industries or products. Here are some examples of products with specialized warranties or regulations: Motor Vehicles, Electronics, Real Estate, Medical Devices.
For what reasons could the consumer initiate a complaint regarding a purchased product or service?	Consumers in the Dominican Republic can initiate a complaint regarding a purchased product or service for various reasons, including but not limited to the following: Detective or non conforming products, delivery issues, billing or pricing discrepancies, warranty or guarantee claims, unsatisfactory services, fafety concerns, and others.
Is there a specific judicial action to resolve lawsuits arising from consumer matters?	Yes, the existence of a specific action like ProConsumidor in the Dominican Republic offers a range of benefits, including specialization, simplified access, speed, lower cost, and consumer education. This contributes to more effective protection of consumer rights and efficient dispute resolution, promoting a fairer and safer business environment for all.
If there is no specific judicial action, how does the consumer make a claim?	N/A
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.	In legal actions arising form consumer matters in Dominican Republic, several types of damages may be recognized, including compensatory damages and punitive damages. It's important to note that the specific types and availability of damages may vary depending on the nature of the consumer dispute, the applicable laws, and the circumstances of the case.
Can consumer issues lead to class actions?	Yes.
How often does this occur?	Class actions or collective actions in the Dominican Republic are relatively infrequent compared to other types of legal actions. While they are available as a legal recourse, their use is not as common as individual legal actions. The frequency of these actions can vary depending on the specific circumstances and the nature of consumer disputes. In practice, consumers in the Dominican Republic often resort to individual legal actions or alternative dispute resolution methods to address their grievances.
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.	In the Dominican Republic, consumer satisfaction is the shared responsibility of various parties involved in the production, supply, and distribution of goods and services.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?	Yes, the authority responsible for regulating, monitoring, investigating, and sanctioning non-compliance with the consumer protection regime is the National Institute for the Protection of Consumer Rights (Instituto Nacional de Protección de los Derechos del Consumidor or ProConsumidor). ProConsumidor is the government agency tasked with overseeing and enforcing consumer protection laws and regulations. It has the authority to receive consumer complaints, conduct investigations, mediate disputes between consumers and suppliers, issue sanctions against non-compliant businesses, and promote consumer education and awareness. ProConsumidor plays a crucial role in ensuring that consumer rights are upheld and that businesses adhere to the standards and regulations set forth in the consumer protection regime.
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment	In the Dominican Republic, the authority responsible for consumer protection, which is the National Institute for the Protection of Consumer Rights (ProConsumidor), has the power to impose various types of sanctions for non-compliance with consumer protection laws and regulations. These sanctions can include: Monetary penaltym closure of establishment, product recall, and others.
Does the legal regime regulate safety campaigns or product recalls?	Yes, the legal regime in the Dominican Republic regulates safety campaigns and product recalls as part of its consumer protection framework. The primary authority responsible for overseeing these activities is the National Institute for the Protection of Consumer Rights (ProConsumidor). Here's how safety campaigns and product recalls are typically regulated: Safety Campaigns: ProConsumidor can require businesses or suppliers to conduct safety campaigns to inform consumers about potential risks associated with specific products or services. These campaigns are designed to raise consumer awareness and provide guidance on safe usage. The content and scope of safety campaigns are usually determined on a case-by-case basis, depending on the nature of the risk and the affected consumers. Product Recalls: When a product is found to be unsafe or poses risks to consumer health and safety, ProConsumidor has the authority to order a product recall. This means that the business or supplier must take immediate action to remove the dangerous product from the market and notify consumers about the recall. Product recalls are essential for protecting consumers from harm and ensuring that unsafe products are no longer available for purchase.
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?	No, Applies to products that are marketed and sold within the country. Products marketed abroad and not in the Dominican Republic may fall under the jurisdiction and regulations of the respective countries where they are sold.
Are there any special regulations on e-commerce?	Yes, in the Dominican Republic, there are special regulations that govern e-commerce activities. One of the key regulations in this regard is the Law No. 126-02 on Electronic Commerce and Documents, Signatures, and Digital Signatures.
What types of e-commerce platforms are regulated by your legislation? List and define them.	In the Dominican Republic, the legislation applies to all types of platforms engaged in commerce based on digital information or data messages, with certain exceptions. Therefore, any platform of a commercial nature, whether contractual or structured through the use of digital documents, falls within the scope of this regulation. As such, platforms such as Business-to-Consumer (B2C), Business-to-Business (B2B), Mobile Commerce (M-commerce), and others are regulated by Law 126-02 and any other specialized regulations that may exist based on the nature of the commercial transaction.
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.	Yes, all rights related to e-commerce are primarily governed by the terms and conditions provided by the platform. Directly, the rights of cancellation, modification, and others are exercised based on the commercial agreement executed during the transaction. However, it is important to highlight that when it comes to a consumer transaction, this agreement must be previously registered with Proconsumidor (the consumer protection authority). Therefore, the regulatory body ensures that consumer rights are safeguarded in the adhesion contract entered into in e-commerce.
Is this regime applicable for the purchase and sale of crypto assets?	No, The legal regime governing e-commerce in the Dominican Republic primarily focuses on traditional forms of commerce and consumer protection. It may not specifically address the purchase and sale of crypto assets.
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?	No, the Dominican Republic doesn't have specific regulations in its e-commerce regime that exclusively target influencers in advertising. However, regulations surrounding advertising, marketing, and endorsements can vary and may be subject to broader consumer protection and advertising laws.
Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?	Yes, due to the increasing importance of digital transformation, it is expected that in the near future, legislation will be further expanded to provide enhanced security in digital commercial transactions. As a result, there have been announcements indicating the intention to create regulations that will facilitate a commercial space within the digital world.

Latin American Consumer Guide 2024

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What is the applicable legal regime addressing consumer protection in your jurisdiction?

Consumer Law in the Dominican Republic is primarily regulated by Law No. 358-05, also known as the "Consumer and User Protection Law." This law establishes the rights and duties of consumers and users, as well as the obligations of providers of goods and services concerning the protection of consumer rights.

What is the definition of a consumer?

According to Law No. 358-05 in the Dominican Republic, a consumer is defined as a natural person or legal entity who acquires, uses, or enjoys as an end-user any product or service offered or provided by a supplier, whether or not it is for profit, and any person exposed as a recipient to advertising or commercial practices related to said products or services. This definition encompasses those who purchase goods or services for their own consumption and excludes those who acquire goods or services for the purpose of integrating them into a process of production, transformation, commercialization, or services to third parties.

What goods and services are covered by consumer protection legislation in your jurisdiction?

According to Law No. 358-05 in the Dominican Republic, consumer protection legislation covers a wide range of goods and services. The law applies to:

Goods and products: This includes any tangible items offered to consumers, such as electronics, appliances, vehicles, clothing, and more.

Services: The law also covers services provided by suppliers, including but not limited to tourism services, healthcare services, professional services, and others.

Consumer protection legislation aims to ensure that consumers receive fair treatment, accurate information, and safe products or services in various sectors of the market. It establishes guidelines and regulations to protect consumers' rights and interests in their interactions with suppliers.

Do the applicable regulations provide a list of consumer rights?

Yes, the consumer rights in the Dominican Republic are outlined in Law No. 358-05 on Consumer Protection. Here is a list of some key consumer rights as specified by this law:

Protection of Life, Health, and Physical Safety: Consumers have the right to be protected in terms of their life, health, and physical safety when consuming or using goods and services.
Consumer Education: Consumers have the right to receive education on how to consume and use goods and services in an informed and safe manner.
Accurate and Clear Information: Providers must offer accurate, clear, timely, sufficient, and written information in Spanish about goods and services available in the market. This includes prices, characteristics, operation, quality, origin, nature, weight, and specifications. This enables consumers to make informed decisions.
Protection of Economic Interests: Consumers have the right to fair, non-discriminatory, and non-abusive treatment by providers of goods and services, safeguarding their economic interests.
Redress for Damages: When consumers suffer damages due to a defective product or service, and the risk or damage was not previously disclosed by the provider, they have the right to timely and technically adequate redress.
Consumer Associations: Consumers have the right to form consumer and user associations to strengthen their collective voice.
Access to Justice: Consumers have the right to access the relevant judicial authorities to protect their rights and legitimate interests through a brief and cost-free procedure.
Freedom of Choice: Consumers have the right to access a variety of products and services that allow them to exercise their choice freely, as well as select the provider they deem most suitable.
Dignified and Healthy Environment: Consumers have the right to live and work in a dignified and healthy environment that does not jeopardize their well-being or health.

Do the applicable regulations provide a list of consumer duties?

No, while consumer protection regulations in the Dominican Republic, particularly Law No. 358-05, primarily focus on defining consumer rights and supplier responsibilities, they may not explicitly provide a comprehensive list of consumer duties. Instead, these regulations are designed to ensure that consumers are treated fairly and that their rights are protected when engaging in commercial transactions.

Consumer duties are often implied and include:

Honesty and Fairness: Consumers are expected to provide accurate information when participating in transactions and refrain from engaging in deceptive or fraudulent practices.
Payment for Products and Services: Consumers should make payments for the products or services they have agreed to purchase, following the terms and conditions set forth in the contract or agreement.
Compliance with Terms and Conditions of Registered Adhesion Contracts: Consumers must respect and adhere to the terms and conditions of any registered adhesion service contract as established by the regulatory authority.
Although these duties are generally expected of consumers in any commercial transaction, Dominican Republic's consumer protection regulations may not explicitly enumerate specific consumer duties. Instead, the focus is on ensuring that consumers are treated fairly, have access to accurate information, and are protected against deceptive or harmful practices by providers.

Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?

No, in general, the extraterritorial jurisdiction of a country's authority, such as the Dominican Republic (DR), can be a complex legal issue and may vary depending on the specific circumstances and applicable laws. However, it's essential to consider that consumer protection laws and regulations typically apply within the jurisdiction of the country in which they are enacted.

When the offeror of products or services is not located within the territory of the Dominican Republic, the extraterritorial application of DR's consumer protection laws may be limited. These laws are primarily intended to regulate transactions and relationships that occur within the country's borders.

Is there any alternative or special regime depending on the type of good or service?

Yes, in the Dominican Republic (DR), there are specific regulations and alternative regimes that may apply depending on the type of goods or services. Consumer protection laws in the DR encompass a wide range of products and services, and these regulations often differentiate between various sectors. Here are some examples:Financial Services, Telecommunications, Healthcare Services, E-commerce, and others.

What is the minimum information required to be provided to the consumer with respect to goods?

In the Dominican Republic, consumer protection laws require that certain minimum information be provided to consumers with respect to goods. This information is intended to ensure that consumers can make informed purchasing decisions. While specific requirements may vary based on the type of goods, the following are some common elements of the minimum information that must be provided:

Product Description.
Price
Warranty or Guarantee:
Return and Exchange Policies.
Safety Information.
Origin and Manufacturing Information.
Ingredients or Components.
Expiration Dates.

Is there a general warranty for products and/or services?

Yes, in the Dominican Republic, consumer protection laws provide for a general warranty for products and services. This warranty is designed to protect consumers from receiving faulty or substandard goods and services.

It's important to note that the specifics of warranty terms and durations may vary depending on the circumstances, the type of product or service, and any contractual agreements.

Are there any products that have a legal warranty different from the general warranty?

Yes, in the Dominican Republic, specific products may have legal warranties or protections that differ from the general warranty provided under consumer protection laws. These differences can arise based on the nature of the product, its intended use, and specific regulations or laws governing certain industries or products. Here are some examples of products with specialized warranties or regulations: Motor Vehicles, Electronics, Real Estate, Medical Devices.

For what reasons could the consumer initiate a complaint regarding a purchased product or service?

Consumers in the Dominican Republic can initiate a complaint regarding a purchased product or service for various reasons, including but not limited to the following: Detective or non conforming products, delivery issues, billing or pricing discrepancies, warranty or guarantee claims, unsatisfactory services, fafety concerns, and others.

Is there a specific judicial action to resolve lawsuits arising from consumer matters?

Yes, the existence of a specific action like ProConsumidor in the Dominican Republic offers a range of benefits, including specialization, simplified access, speed, lower cost, and consumer education. This contributes to more effective protection of consumer rights and efficient dispute resolution, promoting a fairer and safer business environment for all.

If there is no specific judicial action, how does the consumer make a claim?

N/A

What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.

In legal actions arising form consumer matters in Dominican Republic, several types of damages may be recognized, including compensatory damages and punitive damages.

It's important to note that the specific types and availability of damages may vary depending on the nature of the consumer dispute, the applicable laws, and the circumstances of the case.

Can consumer issues lead to class actions?

Yes.

How often does this occur?

Class actions or collective actions in the Dominican Republic are relatively infrequent compared to other types of legal actions. While they are available as a legal recourse, their use is not as common as individual legal actions. The frequency of these actions can vary depending on the specific circumstances and the nature of consumer disputes. In practice, consumers in the Dominican Republic often resort to individual legal actions or alternative dispute resolution methods to address their grievances.

Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.

In the Dominican Republic, consumer satisfaction is the shared responsibility of various parties involved in the production, supply, and distribution of goods and services.

Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?

Yes, the authority responsible for regulating, monitoring, investigating, and sanctioning non-compliance with the consumer protection regime is the National Institute for the Protection of Consumer Rights (Instituto Nacional de Protección de los Derechos del Consumidor or ProConsumidor). ProConsumidor is the government agency tasked with overseeing and enforcing consumer protection laws and regulations. It has the authority to receive consumer complaints, conduct investigations, mediate disputes between consumers and suppliers, issue sanctions against non-compliant businesses, and promote consumer education and awareness. ProConsumidor plays a crucial role in ensuring that consumer rights are upheld and that businesses adhere to the standards and regulations set forth in the consumer protection regime.

What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment

In the Dominican Republic, the authority responsible for consumer protection, which is the National Institute for the Protection of Consumer Rights (ProConsumidor), has the power to impose various types of sanctions for non-compliance with consumer protection laws and regulations. These sanctions can include: Monetary penaltym closure of establishment, product recall, and others.

Does the legal regime regulate safety campaigns or product recalls?

Yes, the legal regime in the Dominican Republic regulates safety campaigns and product recalls as part of its consumer protection framework. The primary authority responsible for overseeing these activities is the National Institute for the Protection of Consumer Rights (ProConsumidor).

Here's how safety campaigns and product recalls are typically regulated:

Safety Campaigns: ProConsumidor can require businesses or suppliers to conduct safety campaigns to inform consumers about potential risks associated with specific products or services. These campaigns are designed to raise consumer awareness and provide guidance on safe usage. The content and scope of safety campaigns are usually determined on a case-by-case basis, depending on the nature of the risk and the affected consumers.
Product Recalls: When a product is found to be unsafe or poses risks to consumer health and safety, ProConsumidor has the authority to order a product recall. This means that the business or supplier must take immediate action to remove the dangerous product from the market and notify consumers about the recall. Product recalls are essential for protecting consumers from harm and ensuring that unsafe products are no longer available for purchase.

Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?

No, Applies to products that are marketed and sold within the country. Products marketed abroad and not in the Dominican Republic may fall under the jurisdiction and regulations of the respective countries where they are sold.

Are there any special regulations on e-commerce?

Yes, in the Dominican Republic, there are special regulations that govern e-commerce activities. One of the key regulations in this regard is the Law No. 126-02 on Electronic Commerce and Documents, Signatures, and Digital Signatures.

What types of e-commerce platforms are regulated by your legislation? List and define them.

In the Dominican Republic, the legislation applies to all types of platforms engaged in commerce based on digital information or data messages, with certain exceptions. Therefore, any platform of a commercial nature, whether contractual or structured through the use of digital documents, falls within the scope of this regulation.

As such, platforms such as Business-to-Consumer (B2C), Business-to-Business (B2B), Mobile Commerce (M-commerce), and others are regulated by Law 126-02 and any other specialized regulations that may exist based on the nature of the commercial transaction.

Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.

Yes, all rights related to e-commerce are primarily governed by the terms and conditions provided by the platform. Directly, the rights of cancellation, modification, and others are exercised based on the commercial agreement executed during the transaction. However, it is important to highlight that when it comes to a consumer transaction, this agreement must be previously registered with Proconsumidor (the consumer protection authority). Therefore, the regulatory body ensures that consumer rights are safeguarded in the adhesion contract entered into in e-commerce.

Is this regime applicable for the purchase and sale of crypto assets?

No, The legal regime governing e-commerce in the Dominican Republic primarily focuses on traditional forms of commerce and consumer protection. It may not specifically address the purchase and sale of crypto assets.

Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?

No, the Dominican Republic doesn't have specific regulations in its e-commerce regime that exclusively target influencers in advertising. However, regulations surrounding advertising, marketing, and endorsements can vary and may be subject to broader consumer protection and advertising laws.

Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?

Yes, due to the increasing importance of digital transformation, it is expected that in the near future, legislation will be further expanded to provide enhanced security in digital commercial transactions. As a result, there have been announcements indicating the intention to create regulations that will facilitate a commercial space within the digital world.

Latin American Consumer Guide 2024

Dominican Republic

Latin American Consumer Guide 2024

Dominican Republic

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