Latin American Consumer Guide 2024 |
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Honduras |
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(Latin America/Caribbean)
Firm
Gufa Law
Contributors
Javier López |
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| What is the applicable legal regime addressing consumer protection in your jurisdiction? | Law of Consumer Protection and its Regulation
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| What is the definition of a consumer? | Natural or legal person of a public or private nature that acquires, uses, consumes or enjoys goods or services for final consumption or social benefit or receives an offer for this from a supplier. The service user is included. |
| What goods and services are covered by consumer protection legislation in your jurisdiction? | According to the Law, any material object or intangible right that is economically valuable and susceptible to transaction between suppliers and consumers. |
| Do the applicable regulations provide a list of consumer rights? | Yes, the main ones are:
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| Do the applicable regulations provide a list of consumer duties? | No, there's not any specific disposition regarding consumer duties. |
| Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction? | No, Honduran Laws are only applicable within the territory. |
| Is there any alternative or special regime depending on the type of good or service? | No, all conflicts related with consumer protection have to be managed by the National Direction of Consumer Protection. |
| What is the minimum information required to be provided to the consumer with respect to goods? |
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| Is there a general warranty for products and/or services? | No, there are general provisions according to the type of goods or services, but no specific warrants are established for the consumer protection |
| Are there any products that have a legal warranty different from the general warranty? | No. |
| For what reasons could the consumer initiate a complaint regarding a purchased product or service? | A costumer can initiate a complaint whenever an infraction of Law is committed. |
| Is there a specific judicial action to resolve lawsuits arising from consumer matters? | Yes, according to General Administrative Law, once an administrative claim has been fulfilled before the Authority, the consumer has the right to present a judicial action, under the figure of administrative litigation. |
| 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. | There are economic sanctions and closing of business. |
| Can consumer issues lead to class actions? | No, this legal figure does not exist in Honduran Laws. |
| How often does this occur? | N/A |
| Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier. | All persons that execute acts of commerce. |
| Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime? | Yes, this is the mandate of the National Direction of Consumer Protection. |
| What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment | Economic sanctions up to USD6 MM and closure of business. |
| Does the legal regime regulate safety campaigns or product recalls? | Yes, specially when there are sanitary concerns. |
| Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country? | No, Honduran Law does not apply out of the country. |
| Are there any special regulations on e-commerce? | Yes, it is stipulated that providers of goods and services through e-commerce should comply with the general provisions of the Law. |
| What types of e-commerce platforms are regulated by your legislation? List and define them. | None. |
| Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase. | No, there are not additional regulations. |
| Is this regime applicable for the purchase and sale of crypto assets? | No, there are not specific regulations on crypto assets |
| Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising? | No, there are not specific regulations on the activity of influencers |
| Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction? | No. |
Latin American Consumer Guide 2024
Law of Consumer Protection and its Regulation
Natural or legal person of a public or private nature that acquires, uses, consumes or enjoys goods or services for final consumption or social benefit or receives an offer for this from a supplier. The service user is included.
According to the Law, any material object or intangible right that is economically valuable and susceptible to transaction between suppliers and consumers.
Yes, the main ones are:
- The protection of life, health or human safety in the acquisition, consumption and use of goods and services.
- The protection of economic interests through equitable and non-discriminatory or abusive treatment by goods or services providers.
- The freedom of choice of good or service.
- The freedom of contract.
- The provision of information by suppliers in an appropriate, clear, truthful and timely manner about goods and services
No, there's not any specific disposition regarding consumer duties.
No, Honduran Laws are only applicable within the territory.
No, all conflicts related with consumer protection have to be managed by the National Direction of Consumer Protection.
- Timely, truthful, appropriate and sufficient information regarding the price and essential characteristics of the goods or services so that you can make the appropriate choice.
- In the case of offers, sales, contests, raffles, liquidations, discounts or any other form of promotion of goods or services, the supplier must promptly inform the consumer in a truthful, appropriate and sufficient manner regarding the restrictions, available quantities and any other condition for the acquisition.
- Information on access points to the establishment when other means of payment are accepted in addition to cash.
No, there are general provisions according to the type of goods or services, but no specific warrants are established for the consumer protection
No.
Yes, according to General Administrative Law, once an administrative claim has been fulfilled before the Authority, the consumer has the right to present a judicial action, under the figure of administrative litigation.
N/A
No, this legal figure does not exist in Honduran Laws.
N/A
Yes, this is the mandate of the National Direction of Consumer Protection.
Yes, specially when there are sanitary concerns.
No, Honduran Law does not apply out of the country.
Yes, it is stipulated that providers of goods and services through e-commerce should comply with the general provisions of the Law.
None.
No, there are not additional regulations.
No, there are not specific regulations on crypto assets
No, there are not specific regulations on the activity of influencers
No.