Procedure to claim the violation of consumer rights
May 29, 2023
Regarding an effective procedure within Ecuadorian regulations, it is necessary to refer to two legal bodies that establish the procedure, the Comprehensive Criminal Organic Code (hereinafter COIP) and the Organic Law for the Defense of Consumers (hereinafter LODC). where the procedures to be taken into account before initiating any claim are established.
In the first instance, the consumer can go to the Ombudsman’s Office, an institution that has the obligation to rule on the claims that are presented to it, however, since it does not have sanctioning powers, in practice it is more focused on seeking agreements through alternative mechanisms. of conflict resolution.
In the event that a solution is not reached, the consumer can opt for the judicial route (Art. 641 COIP) through an “expedited” procedure, which will be carried out in a single hearing before the offending judges.
At this point, it is necessary to state that misdemeanor judges are not suitable to resolve issues related to consumer rights, since they do not have the training required in this area to settle conflicts that arise from contractual obligations. In this way, as long as the offending judges continue to be the ones who must settle these matters, there is no effective way to protect the rights already contemplated, consequently, it is necessary to open the debate on the existence of a new adjective norm independent of the COIP, which establishes a clear and comprehensive procedure of each and every one of the rights recognized in favor of consumers and above all that of jurisdiction to those judges who have the most knowledge in the field of consumer rights.
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