{"id":2438,"date":"2008-09-09T06:58:09","date_gmt":"2008-09-09T02:58:09","guid":{"rendered":"http:\/\/www.dominicana-online.org\/?p=2438"},"modified":"2018-03-26T20:53:28","modified_gmt":"2018-03-26T20:53:28","slug":"defensa-al-consumidor","status":"publish","type":"page","link":"https:\/\/www.dominicanaonline.org\/en\/ciudadano\/defensa-al-consumidor\/","title":{"rendered":"The General Law of Consumer Rights and Protection"},"content":{"rendered":"
As of May 30, 2008, Dominican consumers have a new instrument to protect their rights. The General Law of Consumers and Users Rights and Protection.\u00a0With Law 263-08 now in effect, service providers are now required to operate under a legal framework, which requires strict adherence to laws, orders and regulations regulated by administrative decree, especially in\u00a0the area of public services.\u00a0Furthermore, in accordance with the new legislation, service providers will have effective mechanisms to address complaints related to the service in question.<\/p>\n
The law indicates that authorities will have offices with trained personnel to orient consumers and users and guarantee their rights. The law foresees the carrying out of inspections that will be done in coordination with representatives of the organization\u2019s regulators.<\/p>\n
At the same time, the Consumer Protection Law establishes that service providers or renters\u00a0must inform users of\u00a0exact prices and give out printed receipts that give the full breakdown of costs, including tax.<\/p>\n
All prices of goods and services will be indicated in national currency. If a price has been established in a foreign currency, its equivalent in national currency must be indicated.<\/p>\n
In terms of complaints on services provided, the law states that complaints will be dealt with according to the sector where it has been registered; each sector will have authority over its own services.<\/p>\n
However, if the complaint has not been dealt with by the appropriate regional or local authorities, the consumer has the right to petition directly to the Pro-Consumer organization to seek a solution and to investigate the issue or controversy in an effort to rectify the violations against the consumer and to find a favorable solution for the user. The new law guarantees that Pro-Consumer will protect citizens who seek its service, guaranteeing that all measurements and weights used in the public area are weighed using the proper instruments and scales, and in the case of measuring liquids as well as taxicab meters\u00a0will also be closely monitored.<\/p>\n
In the area of health, protections include the use of clinical thermometers and blood pressure machines and environmental protection from traffic among other things.<\/p>\n
Other areas of protection for consumers of goods and services involve the providers\u2019 obligation to inform and orient users in a clear, simple and precise manner about the product or service on offer. All such instruction must be done in the Spanish language so that the product or service can be utilized or assimilated easily by the users.<\/p>\n
To\u00a0see Law No. 358-05, about Consumer Protection\u00a0(PDF):\u00a0http:\/\/www.dominicana-online.org\/documentos\/Ley_proteccion.pdf <\/p>\n The\u00a0opening of\u00a0Pro-Consumidor\u00a0provided a Customer Service Center equipped with 24 automated telephone lines, a Consumer Orientation office, a department for Arbitration and Conciliation to preside over conflicts that may arise in customer and provider relations.\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n With the passage of Law 263-08, service providers are now required to function under a legal framework that requires a strict adherence to laws, orders and regulations regulated by administrative decree, especially in the area of public services. The law defends and guarantees the rights of consumers including their right to life, health, physical safety, education, information, the protection of their economic interests, the timely repair and upkeep of their belongings, the right to organize and seek legal representation, the right to free elections and the right to live and work in a free and safe environment. It also provides the right to educate, promote and gather information about needs, interests and problems of consumers and users.<\/p>\n Official Pro-Consumer Website:\u00a0http:\/\/proconsumidor.gob.do<\/a> \u00a0<\/span><\/p>\n (source:\u00a0ProConsumidor)<\/span><\/p>\n The National Institute for\u00a0Consumer Rights Protection,\u00a0Pro-Consumidor,\u00a0is the state body created through the General Law of Consumer Rights Protection (358-05), with the aim of establishing and regulating the policies, norms and procedures needed for the effective protection of the\u00a0rights of consumers in the Dominican Republic.<\/p>\n The Dominican Constitution of January 26, 2010, in its article 53,\u00a0gives fundamental right to\u00a0the provisions of\u00a0consumer protection. These are\u00a0\u201cby public demand, imperative and of social interest.\u201d\u00a0The constitution, states that \u201cevery person has\u00a0the right to quality goods and services,\u00a0to objective accurate and timely information about the content and\u00a0characteristics\u00a0of products and services that one uses and consumes, under the previsions and norms established by the law\u2026\u201d\u00a0This constitutional provision ratifies the establishment of a body\u00a0for the\u00a0protection, guarantee, security and defense of\u00a0consumers in their relationships with providers of goods and services.<\/p>\n In 1963, during the\u00a0constitutional\u00a0government presided over by Juan Bosch, Law No. 13 of Popular Economy Protection was enacted. With this provision the Dominican Republic assumed the defense of the consumer population\u00a0under the associated criteria of that\u00a0time, whose\u00a0benchmarks were prices,\u00a0availability and quality of products.\u00a0This event\u00a0took place a year after the President of the United States,\u00a0John. F. Kennedy,\u00a0in a historic speech, proclaimed: \u201cwe are all consumers,\u201d\u00a0recognizing four basic rights of consumers.<\/p>\n On April 9, 1985 the Guidelines for Consumer Protection were established, approved by acclamation in the United Nations General Assembly, through Resolution No. 39\/248, and broadened in 1999, which\u00a0specifies the role that governments must play in protecting and safeguarding the interests and rights of consumers.<\/p>\n Ten years later, on January 20, 1995, through the\u00a0National Congress\u2019\u00a0Resolution No. 2-95, enacted by the Executive Power, the Dominican Republic ratified the\u00a0Marrakesh Agreement, which established the World Trade Organization (WTO).\u00a0This agreement, among other goals, called for\u00a0the\u00a0countries\u00a0in the economic-trade group to\u00a0facilitate the improvement of living standards for consumers.<\/p>\n Within this context came the\u00a0General\u00a0Law\u00a0of\u00a0Consumer\u00a0Rights Protection,\u00a0No. 358-085, a\u00a0result\u00a0of 10 years of efforts, consultations and the participation by\u00a0consumer organizations. The law has its\u00a0origins\u00a0in the preliminary proposal\u00a0introduced in the Congress by the Executive Power in 1995, called the Regulatory Code of the Market, which formed part of book V, related to the Consumer Protection Rights law.<\/p>\n On September 9, 2005, the General Law of Consumer Rights Protection, No. 358-05,\u00a0was enacted and its implementation regulation approved by Executive Power on May 30, 2008 through decree No.\u00a0236-2008.<\/p>\n Contacts As of May 30, 2008, Dominican consumers have a new instrument to protect their rights. The General Law of Consumers and Users Rights and Protection.\u00a0With Law 263-08 now in effect, service providers are now required to operate under a legal framework, which requires strict adherence to laws, orders and regulations regulated by administrative decree, especially … Continue reading “The General Law of Consumer Rights and Protection”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4532,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-2438","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/pages\/2438"}],"collection":[{"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/comments?post=2438"}],"version-history":[{"count":5,"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/pages\/2438\/revisions"}],"predecessor-version":[{"id":9853,"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/pages\/2438\/revisions\/9853"}],"up":[{"embeddable":true,"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/pages\/4532"}],"wp:attachment":[{"href":"https:\/\/www.dominicanaonline.org\/en\/wp-json\/wp\/v2\/media?parent=2438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n<\/a><\/span>To see Decree\u00a0 No. 263-08, Consumer Protection Application\u00a0(PDF):\u00a0http:\/\/www.dominicana-online.org\/documentos\/Decreto_consumidor.pdf<\/a>\u00a0<\/span><\/p>\nPro-<\/b>Consumidor<\/b><\/h2>\n
\n\u00a0<\/span><\/p>\n
\nTo make complaints:\u00a0http:\/\/proconsumidor.gob.do\/denuncias\/<\/a><\/span><\/p>\nPro-Consumer History<\/b><\/h2>\n
Background<\/b><\/h2>\n
\n<\/b>Av. Charles Summer #33
\nLos Prados, Distrito Nacional
\nSanto Domingo, Rep\u00fablica Dominicana
\nTel.: 809-472-2731
\nComplaints: 809-567-8555
\ninfo@proconsumidor.gob.do<\/a><\/p>","protected":false},"excerpt":{"rendered":"