Last week, the Secretary of Commerce repealed, through Resolution 51/2024,
69 regulations that regulated certain commercial practices
.
These are the minimum and mandatory quality parameters that companies that provide services to consumers must meet.
And they are added to the already repealed supply, gondola and price observatory laws.
The explanation of the portfolio in charge of Pablo Lavigne was that these regulations “obstructed commercial relations between citizens and promoted an interventionist role of the State.”
With the measure, the Government also ended the obligation of businesses to report labels and labels of new products, maximum price information regimes, Care Prices, and the access program
for regional products in large supermarkets
.
“The meaning of these measures is to simplify commerce, debureaucratize State management and prevent both citizens and companies from wasting time and resources sending information that became unnecessary,” according to Lavigne.
Clearly this “simplification” of the forms of marketing that the Government seeks includes the fall of certain requirements that had to be met - until now - by both the supplier companies and the marketing channels towards users.
In a relationship that, as you can see, is totally asymmetrical.
What does the repeal of these measures mean for consumers, then?
Ariel Caplan, expert in Consumer Law and representative of Consumidores Libres, assures that “this resolution is part of a general policy
aimed at instituting the lack of control of the economy
,” he says.
"Of the 59 repealed resolutions,
at least 20 are not linked to price control or specific economic activities, but rather to the obligation to report certain issues
. "
"In this way, not only is the economy deregulated, but the State, and through this, consumers, is deprived of basic information for the implementation of public policies by the former and so that consumers can choose freely and duly informed. to the different providers of goods and services. This constitutes a basic pillar of the free market," he explains. "What's more, adds the expert, "
some of the derogations will prevent the State from carrying out the control tasks that it must carry out according to current law. .
And he cites an example in the financial field.
“By repealing the information system on moratorium and punitive interest rates and monthly tariff charges for administration expenses, the repealing enforcement authority
will not be able to control compliance with the maximum rates provided for in the credit card law
for financial interests (without arrears, art. 16 law 25065. Even after the pruning of DNU 70/2023) which is still in force and was not repealed by DNU 70/2023;
which is especially serious when according to art.
50 inc.
b of the credit card law, the Secretariat of Domestic Trade of the Ministry of Economy is the authority for the application of this law in commercial aspects."
"Therefore, according to Caplan,
the repeal is inexplicable because as a consequence of it the same secretariat deprives itself of the information essential to exercise its obligations as an enforcement authority.
How should it sanction entities that charge interest above the maximum allowed by law, in order not to do so, one deliberately deprives oneself of the information from which such non-compliance would arise," he points out.
According to Pedro Bussetti, head of the DEUCO user and consumer association, the repeal of Resolution No. 1033/2021, (which establishes minimum rules that companies must comply with regarding remote care and communication with consumers) “implies the lack of protection of the consumer in their consumer relationship and enables
the validation of all abusive practices
that the repealed norm regulated and sanctioned in case of non-compliance."
"From now on, then,
Consumer Associations will no longer have the right to complain to companies,
as has been happening since the enactment of the Consumer Defense Law, because the lack of a regulatory standard allows companies not to be forced to do so,” he says.
Among other things, the abolished resolution raised the need for “dignified and respectful treatment” by suppliers;
It prohibited pressure, verbal manipulation to convince potential buyers and established, among other things, that consumers had "the right to the attention of a human person."
The repeal of these latest resolutions adds to the impact of those already repealed, in December, the Supply and Gondola laws.
Within which,
the access program for regional products in supermarkets
also fell .
In an important company in the food sector, they pointed out that "the absence of this regulation
makes commerce more fluid
. The consumer has a very wide offer at their disposal and knows perfectly where to find each of the products," he commented in favor of the measures taken. by the new management.
On the other hand, Daniel Rosato, president of Industriales Pymes Argentinos (IPA), said: "The gondola law was a benefit for the consumer since they could find different qualities and prices and also for small producers who could join the large marketing channels. ", says.
"
Repealing that law makes no sense, it was a benefit for the producer and the consumer
," he summarized.