Claim processing

Right to Claim in Colombia: Law 1480 of 2011

Many times we acquire a product or service and are not satisfied, either because the product was defective or the service was poorly executed. To protect consumers, the Superintendencia de Industria y Comercio (SIC) created Law 1480 of 2011, also known as the "Consumer Statute," with the objective of "...Protecting, promoting, and guaranteeing the effectiveness and free exercise of consumer rights."

This statute allows Colombians to defend their rights as consumers before entities that sell products or offer services that do not meet expectations or harm their integrity.

The Right to Claim

In this article, we will focus on the Right to Claim, stipulated in Article 3 of the Consumer Statute. This right allows you to "Claim directly with the producer, supplier, or provider and obtain comprehensive, timely, and adequate repair for all damages suffered…". If we have any dissatisfaction, we can make this request verbally, in writing, or electronically, explaining our case. The entity involved will have 15 business days to respond and 5 days to notify the final decision. The response can be issued through the same means by which the request was made or a different means if the client wishes. This process is closely related to the Right of Petition in Colombia.

Options for Filing a Claim

If preferred, the claim request can be made to a judicial authority that oversees the company, such as the SIC, without the need to first contact the commercial entity with which we have the conflict. We can also go to these judicial authorities if the company's response is unsatisfactory, is made outside the established time, or if the claim is not addressed. The judicial authorities will conduct an investigation to resolve the case.

Competent Authorities

In summary, requests can be made to:

• The entity with which the problem exists.
• Judges of the Republic.
• The SIC.
• Mayors of cities (with the same powers and protection capabilities as the SIC).

Mayors can investigate the case and fine the entity if the decision is in favor of the affected person, up to 100 legal monthly minimum wages (SMLMV). If the mayor considers that the fine should be greater, they can refer the case to the SIC for consideration.

Do you need help with your claim?

The right to claim can be exercised by the affected person or through a representative or attorney. If you wish to process a claim, at Servicio Legal we are willing to advise you in this area, offering recommendations on how to submit the request, to whom to submit it, and monitoring the process. Do not hesitate to contact us through our website.