Law 24.240 on Consumer Protection — supplemented by its amendment 26.361 and specific sectoral regulations — established a broad protective regime shielding consumers from companies that sell them goods or services. For businesses, this means concrete obligations regarding advertising, information, warranties, contracts, and significant consequences in case of non-compliance (fines, punitive damages, compensation).
We advise in both dimensions: businesses, on the design of contracts, warranties, advertising, and internal processes that comply with the regulations and minimize the risk of claims; and consumers, on individual or collective claims for supplier non-compliance.
The supplier must provide the consumer with all necessary information about the good or service: essential characteristics, price, conditions, risks, restrictions.
Advertising statements form part of the offer and are binding on the supplier. Misleading or deceptive advertising is subject to sanctions.
Minimum legal warranty of 6 months (non-consumable goods). Repair, replacement or refund depending on the situation. The warranty cannot be waived by contract.
Pre-drafted clauses are interpreted against the supplier. Abusive clauses are void: unjustified limitation of liability, transfer of jurisdiction to distant courts, unilateral modification of conditions.
Punitive damages are a civil sanction applicable when there is serious indifference toward consumer rights. They can multiply the amount of the award and are a powerful tool against repeat offenders.
The National Constitution (art. 43) and the Supreme Court's case law (Halabi, Padec, Consumidores Financieros) enable class actions in defense of collective rights. They are powerful tools for challenging mass practices: improper service charges, abusive clauses in standardized contracts, widespread deficiencies. We assist in defending companies against these actions and, occasionally, in bringing them when the client is a consumer association.