	Latin American Consumer Guide 2024
	Peru
	(Latin America/Caribbean) Firm Estudio Olaechea Contributors Monica Germany Jossimar Jimenez
What is the applicable legal regime addressing consumer protection in your jurisdiction?	In Peru, the special legal regime on consumer protection is regulated by the Consumer Protection and Defense Code - Law 29571 (hereinafter, the Code)
What is the definition of a consumer?	The Code defines consumers as natural or legal person who acquire, use or enjoy as final recipients material and immaterial products or services, for their own benefit or for the benefit of their family or social group, thus acting in an area outside a business or professional activity. Likewise, micro-entrepreneurs are considered as consumers if they show a position of information asymmetry with the supplier with respect to those products or services that are not part of their own line of business. In case of doubt as to the final destination of a given product or service, the person who acquires, uses or enjoys it is considered a consumer.
What goods and services are covered by consumer protection legislation in your jurisdiction?	The Code, covers any products or services that are offered or acquired within the Peruvian territory or which effects will affect such territory, as long as the recipient is a final consumer (this is that uses or enjoys the services or products as a final destination for personal purposes). The products or services that are offered in a relationship of dependence are not within the scope of the Code's dispositions.
Do the applicable regulations provide a list of consumer rights?	Yes, the Code establishes that consumers have the following rights: The right to an effective protection with respect to the products and services that, under normal or foreseeable conditions, represent a risk or danger to life, health and physical integrity. The right to have timely access, sufficient, truthful and in an easily accessible way to information, which is relevant to make a decision or suitable consumer choice that meets the consumers interests, as well as to make an adequate use or consumption of products or services. The right to the protection of their economic interests and, in particular, against abusive clauses, coercive commercial methods, any other analogous practice and self-serving misleading information related to the products or services. The right to a fair and equitable treatment in all commercial transactions and to not be discriminated on the basis of origin, race, sex, language, religion, opinion, economic condition or any other reason. Right to the repair or replacement of the product, to a new performance of the service, or in the cases provided for in the Code, to the refund of the amount paid, depending on the circumstances. The right to choose freely among suitable and quality products and services, in accordance with the relevant regulations, offered on the market and to be informed by the supplier on the ones that are available. The protection of their rights through effective, prompt or expeditious procedures, with minimum formalities, free or inexpensive, as the case may be, for the attention of their claims or complaints before the competent authorities. The right to be heard individually or collectively in order to defend their interests through public or private consumer protection entities, using the means permitted by the legal system. Right to reparation and compensation for damages in accordance with the provisions of the Code and civil regulations on the matter. The right to associate in order to protect their rights and interests collectively within the framework of consumer relations. The right to prepay in advance or prepay balances in any credit operation, in whole or in part, with the consequent reduction of compensatory interest generated on the day of payment and settlement of commissions and expenses derived from the contractual clauses agreed between the parties, without penalties of any kind or charges of a similar nature or effect being applicable to them.
Do the applicable regulations provide a list of consumer duties?	No, the Code does not provide a list of consumer duties; however, it establishes consumer rights.
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?	Yes, as long as the supplier has a local representative in the territory and when the products and services are offered in the national territory or when their effects are produced in it.
Is there any alternative or special regime depending on the type of good or service?	Yes, the Code contemplates the possibility of applying rules contained in special laws, if any. For example, in the case of financial products or services, the special rules established in Law No. 28587, Complementary Law to the Consumer Protection Law on Financial Services, may be applied, and in the case of airlines, the Peruvian Civil Aeronautics Law may be applied, among others
What is the minimum information required to be provided to the consumer with respect to goods?	The supplier has the obligation to offer the consumer all the relevant information for him to make a suitable decision or an adequate choice of consumption, as well as to make an adequate use or consumption of such products or services. The information must be truthful, sufficient, easy to understand, appropriate, opportune and easily accessible, and must be provided in Spanish. In order to analyze the relevant information, all information without which the consumer decision would not have been made or would have been made in substantially different terms is taken into consideration. Relevant information includes the following: Information on the integrity of the price. Display of prices or price lists Price information in local and foreign currency Payment method Information on manufactured products Information about limitations on the supply of parts and accessories. Information about packaged products Information about non-original or defective products Moreover, it is forbidden to provide misleading information, or to do not disclose relevant information to consumer.
Is there a general warranty for products and/or services?	Yes, the warranties can be identifies as: Legal: when, by mandate of the law or regulations in force, the commercialization of a product or the rendering of a service is not allowed without complying with the referred warranty. No agreement to the contrary may be made with respect to a legal warranty, and it is understood to be included in consumer contracts, even if not expressly stated. A legal warranty cannot be displaced by an explicit or implicit warranty. Explicit: when it is derived from the terms and conditions expressly offered by the supplier to the consumer in the contract, in the labeling of the product, in the advertising, in the proof of payment or any other means by which the offer to the consumer is specifically evidenced. An express warranty cannot be displaced by an implied warranty. Implied: when, in view of the silence of the supplier or the contract, it is understood that the product or service complies with the foreseeable purposes and uses for which they have been acquired by the consumer, considering, among other aspects, the uses and customs of the market.
Are there any products that have a legal warranty different from the general warranty?	Yes, there are warranties different than the ones established as legal, this could be the implicit and explicit warranties. The general warranty covered by the Code is comprised of the legal, explicit and implicit warranties.
For what reasons could the consumer initiate a complaint regarding a purchased product or service?	The consumer may initiate a complaint for lack of suitability of the product or service, lack of information and lack of attention to a claim related to the product or service acquired.
Is there a specific judicial action to resolve lawsuits arising from consumer matters?	Yes, only regarding class actions filed related to consumer protections matters.
If there is no specific judicial action, how does the consumer make a claim?	The authority in charge of resolving consumer protection disputes is INDECOPI (National Institute for the Defense of Competition and Protection of Intellectual Property), a government agency that through its various offices nationwide has the faculty to analyze and resolve claims and complaints filed by consumers.
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.	Among the types of damages that are recognized in actions resulting from consumer matters are consequential damages, loss of profits, personal injury and moral damages. However, it is necessary to point out that these are compensations of civil nature, so they are under the jurisdiction of the civil courts. However, in the administrative procedure, the authority has the faculty to impose corrective measures that seek to compensate for the damages committed
Can consumer issues lead to class actions?	Yes.
How often does this occur?	This action does not occur very often in Peru.
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.	The responsible for consumer satisfaction are the suppliers, that is, the natural or juridical person, of public or private law, who habitually manufacture, elaborate, manipulate, condition, mix, package, store, prepare, dispense, supply products, or provide services of any nature to consumers. Suppliers are considered to be, but not limited to, the following: Distributors or traders: natural or legal person who sell or otherwise provide wholesale, retail, products or services ultimately intended for consumers, even if this does not take place in establishments open to the public. Producers or manufacturers: natural or legal person who produce, extract, industrialize or transform intermediate or final goods for their provision to consumers. Importers: natural or legal person who imports products for their sale or provision in another form in the national territory. Suppliers: natural or legal person who provide services to consumers.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?	Yes, the Consumer Protection Authority (INDECOPI) promotes better consumer decisions in the market, guaranteeing the protection of consumers' health and safety. It also promotes mechanisms for the prevention and resolution of conflicts at the national level.
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment	Indecopi may sanction administrative infractions with a warning and fines of up to 450 UIT (approximately US$. 618,750.00), which are qualified as follows: Minor infractions, with a warning or a fine of up to 50 UIT (approximately US$. 68,750.00). Serious violations, with a fine of up to 150 UIT (approximately US$. 206,250.00). Very serious infringements, with a fine of up to 450 UIT. Likewise, Indecopi may dictate corrective remedial measures, which have the purpose of compensating the direct and immediate patrimonial consequences caused to the consumer by the administrative infringement to its previous state. These include exchanging products for another of identical or similar characteristics, repairing products, returning the consideration paid by the consumer, paying the expenses incurred by the consumer to mitigate the consequences of the infringement, among others. Likewise, there are the complementary corrective measures, which are intended to reverse the effects of the infringing conduct or prevent it from occurring again in the future. Among these are the seizure and destruction of the merchandise, containers, wrappers or labels, publication of rectifying or informative notices, declaring unenforceable the clauses identified as abusive, among others. On the other hand, there are coercive fines for non-compliance with mandates, which are not less than 3 UIT (approximately US$. 4,125.00) and not more than 200 UIT (approximately US$. 275,000.00). Likewise, there are the coercive fines for non-payment of costs and expenses, which are not less than 1 UIT (approximately US$. 1,375.00) and not more than 50 UIT (approximately US$. 68,750.00). Finally, there is the Registry of Infractions and Sanctions of Indecopi. In case a supplier is sanctioned, it will be registered for a period of 4 years in such registry.
Does the legal regime regulate safety campaigns or product recalls?	Yes, the legal regime on measures by suppliers to eliminate or reduce unforeseen hazards establishes the procedure for communicating alerts and warnings of dangerous products or services placed on the market. This regulation applies to all suppliers involved in the production or commercialization process of products or services in which the existence of unforeseen risks is detected prior to their placement on the market or which would have been unforeseeable. The supplier must complete a form to be sent to the Consumer Authority (INDECOPI), with the following minimum data: Supplier identification Information on the suppliers involved in the manufacturing, distribution, import and marketing chain. Description of the product or service presenting unforeseen risks. Detailed description of the defect or characteristics of the product or service generating the unanticipated risk. Number of risky products or services that were introduced in the market. Geographical distribution.\Measures adopted by the supplier to mitigate the risk.
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?	No, Peruvian legislation establishes the procedure for the communication of warnings and alerts of unforeseen risks of products or services placed in the market, the risky products or services, at the time of the publication of the alert or warning, must be found or provided in the national market and/or have been commercialized in the national territory.
Are there any special regulations on e-commerce?	No, currently in Peru there is no special regulation on e-commerce. However, a project of Law No. 415-2021 has been presented, which seeks to modify the Code of Consumer Protection and Defense, which seeks to incorporate provisions on e-commerce and product safety. However, the provisions of the Code are applicable to regulate the electronic commerce, to the extent that consumer protection and defense covers all types of product and service contracts, including those made through electronic means.
What types of e-commerce platforms are regulated by your legislation? List and define them.	The Code does not specify the regulation of electronic commerce. Therefore, it also does not specify the types of platforms where electronic commerce takes place. The regulation applies to all consumer contracts entered into by any electronic or other analogous means used by the supplier to market its products in Perú; including suppliers' websites, marketplaces, among others.
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.	Yes, we can mention the following rights: The maximum term for attending to complaints filed by consumers and for responding to them is reduced to a term of no more than 15 non-extendable business days. Right to protection against coercive commercial methods by electronic means. The right to use the same mechanisms of form, place and means used for the conclusion of the contracts to disengage from them, such as electronic means. Consumers' right to receive a virtual copy, upon request, of the contracts concluded within a maximum period of 15 working days. In the case of electronic contracting or any automated service system assisted by artificial intelligence or digital assistant, the supplier must deliver a copy to the consumer, upon request, of the documents evidencing the contracting within a maximum period of 15 working days. Additionally, there is a project of Law that seeks to regulate electronic commerce and includes the right of purchase repentance among others that not included in the current Code.
Is this regime applicable for the purchase and sale of crypto assets?	No, currently in Peru there is no specific framework for 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?	Yes, INDECOPI has issued an advertising guide for influencers. The main objective of this guide is to orient the correct exercise of digital advertising practices, with special focus on influencer advertising.
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, a project of Law No. 415-2021 has been presented that intends to modify the Code of Consumer Protection and Defense, which seeks to incorporate provisions on electronic commerce and product safety.

Latin American Consumer Guide 2024

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

In Peru, the special legal regime on consumer protection is regulated by the Consumer Protection and Defense Code - Law 29571 (hereinafter, the Code)

What is the definition of a consumer?

The Code defines consumers as natural or legal person who acquire, use or enjoy as final recipients material and immaterial products or services, for their own benefit or for the benefit of their family or social group, thus acting in an area outside a business or professional activity.

Likewise, micro-entrepreneurs are considered as consumers if they show a position of information asymmetry with the supplier with respect to those products or services that are not part of their own line of business.

In case of doubt as to the final destination of a given product or service, the person who acquires, uses or enjoys it is considered a consumer.

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

The Code, covers any products or services that are offered or acquired within the Peruvian territory or which effects will affect such territory, as long as the recipient is a final consumer (this is that uses or enjoys the services or products as a final destination for personal purposes).

The products or services that are offered in a relationship of dependence are not within the scope of the Code's dispositions.

Do the applicable regulations provide a list of consumer rights?

Yes, the Code establishes that consumers have the following rights:

The right to an effective protection with respect to the products and services that, under normal or foreseeable conditions, represent a risk or danger to life, health and physical integrity.
The right to have timely access, sufficient, truthful and in an easily accessible way to information, which is relevant to make a decision or suitable consumer choice that meets the consumers interests, as well as to make an adequate use or consumption of products or services.
The right to the protection of their economic interests and, in particular, against abusive clauses, coercive commercial methods, any other analogous practice and self-serving misleading information related to the products or services.
The right to a fair and equitable treatment in all commercial transactions and to not be discriminated on the basis of origin, race, sex, language, religion, opinion, economic condition or any other reason.
Right to the repair or replacement of the product, to a new performance of the service, or in the cases provided for in the Code, to the refund of the amount paid, depending on the circumstances.
The right to choose freely among suitable and quality products and services, in accordance with the relevant regulations, offered on the market and to be informed by the supplier on the ones that are available.
The protection of their rights through effective, prompt or expeditious procedures, with minimum formalities, free or inexpensive, as the case may be, for the attention of their claims or complaints before the competent authorities.
The right to be heard individually or collectively in order to defend their interests through public or private consumer protection entities, using the means permitted by the legal system.
Right to reparation and compensation for damages in accordance with the provisions of the Code and civil regulations on the matter.
The right to associate in order to protect their rights and interests collectively within the framework of consumer relations.
The right to prepay in advance or prepay balances in any credit operation, in whole or in part, with the consequent reduction of compensatory interest generated on the day of payment and settlement of commissions and expenses derived from the contractual clauses agreed between the parties, without penalties of any kind or charges of a similar nature or effect being applicable to them.

Do the applicable regulations provide a list of consumer duties?

No, the Code does not provide a list of consumer duties; however, it establishes consumer rights.

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

Yes, as long as the supplier has a local representative in the territory and when the products and services are offered in the national territory or when their effects are produced in it.

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

Yes, the Code contemplates the possibility of applying rules contained in special laws, if any. For example, in the case of financial products or services, the special rules established in Law No. 28587, Complementary Law to the Consumer Protection Law on Financial Services, may be applied, and in the case of airlines, the Peruvian Civil Aeronautics Law may be applied, among others

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

The supplier has the obligation to offer the consumer all the relevant information for him to make a suitable decision or an adequate choice of consumption, as well as to make an adequate use or consumption of such products or services.

The information must be truthful, sufficient, easy to understand, appropriate, opportune and easily accessible, and must be provided in Spanish.

In order to analyze the relevant information, all information without which the consumer decision would not have been made or would have been made in substantially different terms is taken into consideration.

Relevant information includes the following:

Information on the integrity of the price.
Display of prices or price lists
Price information in local and foreign currency
Payment method
Information on manufactured products
Information about limitations on the supply of parts and accessories.
Information about packaged products
Information about non-original or defective products

Moreover, it is forbidden to provide misleading information, or to do not disclose relevant information to consumer.

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

Yes, the warranties can be identifies as:

Legal: when, by mandate of the law or regulations in force, the commercialization of a product or the rendering of a service is not allowed without complying with the referred warranty. No agreement to the contrary may be made with respect to a legal warranty, and it is understood to be included in consumer contracts, even if not expressly stated. A legal warranty cannot be displaced by an explicit or implicit warranty.
Explicit: when it is derived from the terms and conditions expressly offered by the supplier to the consumer in the contract, in the labeling of the product, in the advertising, in the proof of payment or any other means by which the offer to the consumer is specifically evidenced. An express warranty cannot be displaced by an implied warranty.
Implied: when, in view of the silence of the supplier or the contract, it is understood that the product or service complies with the foreseeable purposes and uses for which they have been acquired by the consumer, considering, among other aspects, the uses and customs of the market.

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

Yes, there are warranties different than the ones established as legal, this could be the implicit and explicit warranties.

The general warranty covered by the Code is comprised of the legal, explicit and implicit warranties.

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

The consumer may initiate a complaint for lack of suitability of the product or service, lack of information and lack of attention to a claim related to the product or service acquired.

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

Yes, only regarding class actions filed related to consumer protections matters.

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

The authority in charge of resolving consumer protection disputes is INDECOPI (National Institute for the Defense of Competition and Protection of Intellectual Property), a government agency that through its various offices nationwide has the faculty to analyze and resolve claims and complaints filed by consumers.

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

Among the types of damages that are recognized in actions resulting from consumer matters are consequential damages, loss of profits, personal injury and moral damages. However, it is necessary to point out that these are compensations of civil nature, so they are under the jurisdiction of the civil courts.

However, in the administrative procedure, the authority has the faculty to impose corrective measures that seek to compensate for the damages committed

Can consumer issues lead to class actions?

Yes.

How often does this occur?

This action does not occur very often in Peru.

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

The responsible for consumer satisfaction are the suppliers, that is, the natural or juridical person, of public or private law, who habitually manufacture, elaborate, manipulate, condition, mix, package, store, prepare, dispense, supply products, or provide services of any nature to consumers. Suppliers are considered to be, but not limited to, the following:

Distributors or traders: natural or legal person who sell or otherwise provide wholesale, retail, products or services ultimately intended for consumers, even if this does not take place in establishments open to the public.
Producers or manufacturers: natural or legal person who produce, extract, industrialize or transform intermediate or final goods for their provision to consumers.
Importers: natural or legal person who imports products for their sale or provision in another form in the national territory.
Suppliers: natural or legal person who provide services to consumers.

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

Yes, the Consumer Protection Authority (INDECOPI) promotes better consumer decisions in the market, guaranteeing the protection of consumers' health and safety. It also promotes mechanisms for the prevention and resolution of conflicts at the national level.

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

Indecopi may sanction administrative infractions with a warning and fines of up to 450 UIT (approximately US$. 618,750.00), which are qualified as follows:

Minor infractions, with a warning or a fine of up to 50 UIT (approximately US$. 68,750.00).
Serious violations, with a fine of up to 150 UIT (approximately US$. 206,250.00).
Very serious infringements, with a fine of up to 450 UIT.

Likewise, Indecopi may dictate corrective remedial measures, which have the purpose of compensating the direct and immediate patrimonial consequences caused to the consumer by the administrative infringement to its previous state. These include exchanging products for another of identical or similar characteristics, repairing products, returning the consideration paid by the consumer, paying the expenses incurred by the consumer to mitigate the consequences of the infringement, among others.

Likewise, there are the complementary corrective measures, which are intended to reverse the effects of the infringing conduct or prevent it from occurring again in the future. Among these are the seizure and destruction of the merchandise, containers, wrappers or labels, publication of rectifying or informative notices, declaring unenforceable the clauses identified as abusive, among others.

On the other hand, there are coercive fines for non-compliance with mandates, which are not less than 3 UIT (approximately US$. 4,125.00) and not more than 200 UIT (approximately US$. 275,000.00).

Likewise, there are the coercive fines for non-payment of costs and expenses, which are not less than 1 UIT (approximately US$. 1,375.00) and not more than 50 UIT (approximately US$. 68,750.00).

Finally, there is the Registry of Infractions and Sanctions of Indecopi. In case a supplier is sanctioned, it will be registered for a period of 4 years in such registry.

Does the legal regime regulate safety campaigns or product recalls?

Yes, the legal regime on measures by suppliers to eliminate or reduce unforeseen hazards establishes the procedure for communicating alerts and warnings of dangerous products or services placed on the market.

This regulation applies to all suppliers involved in the production or commercialization process of products or services in which the existence of unforeseen risks is detected prior to their placement on the market or which would have been unforeseeable.

The supplier must complete a form to be sent to the Consumer Authority (INDECOPI), with the following minimum data:

Supplier identification
Information on the suppliers involved in the manufacturing, distribution, import and marketing chain.
Description of the product or service presenting unforeseen risks.
Detailed description of the defect or characteristics of the product or service generating the unanticipated risk.
Number of risky products or services that were introduced in the market.
Geographical distribution.\Measures adopted by the supplier to mitigate the risk.

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

No, Peruvian legislation establishes the procedure for the communication of warnings and alerts of unforeseen risks of products or services placed in the market, the risky products or services, at the time of the publication of the alert or warning, must be found or provided in the national market and/or have been commercialized in the national territory.

Are there any special regulations on e-commerce?

No, currently in Peru there is no special regulation on e-commerce. However, a project of Law No. 415-2021 has been presented, which seeks to modify the Code of Consumer Protection and Defense, which seeks to incorporate provisions on e-commerce and product safety.

However, the provisions of the Code are applicable to regulate the electronic commerce, to the extent that consumer protection and defense covers all types of product and service contracts, including those made through electronic means.

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

The Code does not specify the regulation of electronic commerce. Therefore, it also does not specify the types of platforms where electronic commerce takes place.

The regulation applies to all consumer contracts entered into by any electronic or other analogous means used by the supplier to market its products in Perú; including suppliers' websites, marketplaces, among others.

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

Yes, we can mention the following rights:

The maximum term for attending to complaints filed by consumers and for responding to them is reduced to a term of no more than 15 non-extendable business days.
Right to protection against coercive commercial methods by electronic means.
The right to use the same mechanisms of form, place and means used for the conclusion of the contracts to disengage from them, such as electronic means.
Consumers' right to receive a virtual copy, upon request, of the contracts concluded within a maximum period of 15 working days.
In the case of electronic contracting or any automated service system assisted by artificial intelligence or digital assistant, the supplier must deliver a copy to the consumer, upon request, of the documents evidencing the contracting within a maximum period of 15 working days.

Additionally, there is a project of Law that seeks to regulate electronic commerce and includes the right of purchase repentance among others that not included in the current Code.

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

No, currently in Peru there is no specific framework for 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?

Yes, INDECOPI has issued an advertising guide for influencers. The main objective of this guide is to orient the correct exercise of digital advertising practices, with special focus on influencer advertising.

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, a project of Law No. 415-2021 has been presented that intends to modify the Code of Consumer Protection and Defense, which seeks to incorporate provisions on electronic commerce and product safety.

Latin American Consumer Guide 2024

Peru

Latin American Consumer Guide 2024

Peru

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