03/29/2021 10:48 AM
Clarín.com
Economy
Updated 03/29/2021 10:49 AM
The Ministry of Internal Commerce of the Nation
charged eight companies with prior savings plans
for alleged breaches of the legal obligation to publish the model contracts and, some of them, for establishing claims jurisdictions far from the domicile of the consumers.
Based on an investigation process carried out ex officio, the National Directorate for Consumer Defense and Consumer Arbitration
detected irregularities.
The companies investigated are: Nissan Argentina Saving Plan SA for Specific Purposes;
Toyota Plan Argentina SA of Savings for Specific Purposes;
Chevrolet SA Savings for Specific Purposes;
Rombo SA Savings Plan for Specific Purposes.
Also Ovalo SA Savings Plan for Specific Purposes;
and Volkswagen SA of Savings for Specific Purposes;
Círculo de Inversores SA Unipersonal de Ahorro para Certain Purposes;
and FCA SA de Ahorro para Certain Purposes.
These firms would not have complied with the obligation to publish a copy of the model
adhesion
contract
established by article 38 of the Consumer Defense Law (Law 24,240) and resolution No. 271/2020 of the Ministry of Internal Trade that regulates it. .
On the other hand,
five of these companies were also charged for including in the adhesion contracts
alleged clauses for the extension of jurisdiction
, which implies a violation of the rights to be able to make claims and litigate in the jurisdiction corresponding to the buyer's domicile.
The National Directorate for Consumer Defense and Consumer Arbitration regularly conducts ex officio investigations to verify that companies that supply goods and services comply with current regulations and do not violate the rights of consumers.
This arises from the work of monitoring compliance with the regulations of which it is the enforcement authority to prevent misconduct by companies beyond the claims made by those affected.
The aforementioned companies administer the savings plans for the sale of automobiles: Nissan, Toyota, Chevrolet, Renault, Ford, Volkswagen, Peugeot and FIAT-Chrysler.
The relationship they have with the automotive companies is merely contractual for the sale of vehicles under the modality of a prior savings plan.
The companies have 5 business days to make the corresponding discharge
and give explanations of the case.
Subsequently, the administrative process continues within the National Directorate for Consumer Defense and Consumer Arbitration, the enforcement authority of Law 24,240, to determine whether sanctions apply in the aforementioned cases.
YN
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