Consumer protection in Bolivia is mainly covered by Article 75 of the State Political Constitution, by Law No. 453, called "General of the Rights of Users and Consumers Law ", dated December 4, 2013, and its corresponding regulation, included in Supreme Decree No. 2130 dated September 25, 2014.

The General Law of User and Consumer Rights covers a wide range of goods and services offered to consumers in Bolivia.

For the purposes of applying the standard, a Product is understood as any good offered in the market to meet end-use and consumption needs.

Moreover, a Service is understood as those activities supplied or provided to the market, intended to meet the needs or requirements of users.

The law also specifically mentions basic services established in the State Political Constitution: drinking water, sewage, electricity, household gas, postal, and telecommunications.

Yes, the General Law of User and Consumer Rights covers a wide range of goods and services offered to consumers in Bolivia.

For the purposes of applying the standard, a Product is understood as any good offered in the market to meet end-use and consumption needs.

The Bolivian Constitution establishes that users and consumers enjoy the following rights:

1. To receive food, drugs, and products in general, in conditions of safety, quality, and adequate and sufficient quantity, with efficient and timely provision of supply.
2. To truthful information about the characteristics and contents of the products they consume and services they use.

Law No. 453 recognizes the following consumer rights:

• Right to Health and Physical Integrity: Consumers have the right to receive products or services that are safe, meaning they do not pose a risk to health.
• Right to Information: It is essential that consumers receive accurate, complete, adequate, free, and timely information about the characteristics and contents of the products and services they purchase.
• Right to Equitable Treatment: Consumers and users must be treated equitably, based on objective criteria and without discrimination in any consumption relationship.
• Right to Free Choice: Consumers and users have the freedom to choose the products and services they wish, as well as to select or change providers according to their preferences.
• Right to Access to Food: All consumers and users have the right to access authorized food regularly, continuously, and freely, ensuring that they are adequate and sufficient in both quantity and quality.
• Right to Claim: Consumers and users have the right to claim, and this right can be exercised in the first instance before the provider.

Supreme Decree 2130 also recognizes the following user and consumer and users' rights:

• Right to claim when they believe their rights have been violated.
• Right to education on responsible and sustainable consumption, and to the dissemination of their rights and duties.
• Right to warranty in the sale of new products, such as household appliances, electronic, electrical, mechanical devices, and others.
• Right to protection against misleading or abusive advertising and information.

Yes, Law 453 establishes the following duties for consumers in their consumption relationships:

• To inform themselves about responsible and sustainable consumption, and to contribute to its promotion.
• To observe and asume warnings and instructions related to the proper use, consumption, installation, or preservation of the product or service.
• To strive not to harm Mother Earth through the consumption and waste of products or services.
• To promote and practice rational and responsible consumption of products and services.
• To report the existence of products and services that endanger the health or physical integrity of the population
• To support and promote awareness and sensitization campaigns and programs for the full exercise of the rights of users and consumers.

No, the Bolivian authority does not have extraterritorial jurisdiction when the provider of the products or services is not located within its territory of competence. The competent authority has jurisdiction over importers, distributors, and/or representatives of foreign companies offering their products within Bolivia.

Yes, Law 453 and its regulations have a broad coverage of goods and services. However, this regulation also refers specifically to basic services (e.g., drinking water, sewage, electricity, household gas, postal, and telecommunications), medical services, and banking and financial services.

There are also more specific sectoral regulations that may cover specific consumer rights for each industry. For example, Law No. 393 on Financial Services includes specific rights for customers and specific obligations for financial entities.

Chapter two, section III of Law 453, and its regulations, establish that the minimum required information that must be provided to the consumer regarding the goods they wish to purchase includes:

• Truthful, accurate, complete, adequate, free, and timely information about the characteristics and contents of products and services.
• Features, nutritional composition, usage, or preservation methods of the products or services offered in an accessible manner.
• Information on possible risks that may affect health and physical integrity resulting from the consumption or use of the product or service.
• For food products or services, accessible information related to the quality of the product or service and the specifications of its main features.
• Total price in national currency, including taxes, commissions, and relevant charges.
• Information on tariff adjustments in services and the range of prices available for the same product or service.
• Information must be in Spanish and, if possible, in another official language of the State. If necessary, through supplementary labels.
• Equivalences of weight, measure, or volume on labels, especially when they do not conform to the national system of weights and measures.
• Necessary information for consumers to make decisions favorable to their interests, especially when there are products or services with similar characteristics. In the case of medicines, offer alternatives with the same active ingredient or generic name.
• Information on offers, price reductions, and promotions when advertised.
• Any other requirement determined in specific regulations.

Yes, there is a general obligation for suppliers to guarantee the quality and safety of the products or services they offer, through documents issued by manufacturers and producers and by themselves, in their capacity as final suppliers. Every manufacturer, importer, distributor, or supplier of any product or service has the obligation to comply with the provision of what is offered, in the same terms announced in their offer, advertising, or contract.

Furthermore, Supreme Decree No. 2130 on the Rights of Users and Consumers provides a general warranty for new products, such as household appliances, electronic, electrical, mechanical devices, or others that by their nature require a factory warranty. They must mandatorily have a factory warranty document. This document will have the quality of a public document and must detail clearly and precisely the scope, validity period, conditions, and specific product data. If the supplier does not comply with the warranty within 30 business days, they will be responsible for repairing, replacing the product, or returning the total cost. In addition, they must compensate for any damage or harm caused to the consumer.

During the warranty period, any damage or loss of the product delivered for repair is the exclusive responsibility of the supplier. If the consumer abandons the product for more than 180 calendar days after being notified for its withdrawal, the supplier is exempt from all responsibility for its care and maintenance.

Lastly, Supreme Decree No. 2130 establishes that service providers for product repair, modification, or reconstruction are obliged to guarantee the work they will perform. They must provide written details about the means, spare parts, time, costs, and expected results of the service. If the service shows defects due to the work done, the consumer has the right to a repair at no additional cost. If the defect persists, they can opt for the replacement of the product or the return of the money paid for the service. Non-compliance with these provisions may result in penalties for the supplier.

Yes, in addition to the general warranty, the regulation specifically regulates the warranty of motor vehicles. It establishes that suppliers of new vehicles must provide a warranty for factory defects with a minimum duration of three years or up to one hundred thousand kilometers traveled, whichever comes first. This warranty must be backed by a document that clearly describes its scope and other relevant vehicle details. In the case of marketing motor vehicles that are used, modified, rebuilt, or have defects, the seller is responsible for providing a performance warranty that lasts at least three months. Furthermore, it is essential for the supplier to provide detailed information about the vehicle's condition to the consumer, ensuring that the latter is fully informed about the conditions in which the motor vehicle is found.

According to Law 453, consumers have the right to file complaints when they feel their rights have been violated. Suppliers assume responsibility for any infringement of the rights and guarantees of users and consumers stipulated by Law 453 and its regulations.

However, this does not exclude the possibility of undertaking legal actions for civil liability for damages in the courts, or even criminal actions, especially in situations where there is malice or gross negligence.

Yes, according to Law 453, consumers have various mechanisms to present and resolve claims, from direct conciliation with the supplier, through the intervention of administrative authorities, to the judicial route. These mechanisms are designed to guarantee the protection and defense of consumer rights.

If consumers feel their rights have been violated, they have the option to present their claims to the competent authorities at the central level of the State.

For the unregulated sector, the Vice Ministry of Defense of User and Consumer Rights, belonging to the Ministry of Justice, is the entity responsible for addressing claims that exceed the competencies of autonomous territorial entities and are not under the jurisdiction of other specific Ministries.

Ministries such as Development Productive and Plural Economy, Rural Development and Lands, Health, Education, Cultures, and Tourism are responsible for addressing specific claims to their areas that exceed the competencies of autonomous territorial entities.

For the regulated sector, the sectoral regulation and oversight entities will handle claims in their area, following their own norms and procedures, always in line with Law No. 453. For example, in sectors like telecommunications or banking and finance, claims are directed to the Transport and Telecommunications Authority (ATT) and the Financial System Supervision Authority (ASFI), respectively.

These claim alternatives, which do not require attorney representation, are advantageous for the consumer as they can avoid going to the ordinary judicial route, which would mean higher legal costs and time.

N/A

In Bolivia, the general rule is that only patrimonial damages are compensable.

Article 344 and subsequent articles of the Bolivian Civil Code identify two types of patrimonial damages that may be applicable to consumer claims: actual damage and lost income. Actual damage refers to direct and immediate economic losses that impact assets due to a particular event. In contrast, lost income refer to earnings or benefits not perceived due to said event.

On the other hand, Article 994 of the Civil Code contemplates moral damage; however, its compensation is limited to cases specifically established by law. In Bolivian legal practice, the attribution of moral damages is mainly restricted to criminal offenses, and it is not common for them to be recognized in consumer claims. Punitive damages are not contemplated in the Bolivian legal framework.

Regarding the special administrative claim procedure for consumers before the Vice Ministry of Defense of User and Consumer Rights, to determine if a consumer's right has been violated, it is essential to have a Resolution issued by the competent authority. If this Resolution establishes the supplier's responsibility for violating a consumer's right, it must specify the appropriate restoration measures.

Restoration measures usually cover the replacement of the product or service, a formal apology, the repair or replacement of the good or product, the execution of the service or committed obligation, or compensation with monetary benefits, the return of the amounts paid by the consumer, plus legal interest, when repair, replacement, or compliance is not viable, the return of amounts, plus legal interest to date, in cases of undue or excessive payments, either in cash or by credit in favor of the user, the elimination of abusive clauses identified in the contract.

Yes.

The current regulations do not specifically regulate nor prohibit the accumulation of claims from multiple consumers before the Vice Ministry of User and Consumer Defense. In the civil jurisdiction, there is also the possibility for a multitude of claimants to appear.

Article 50 of Law 453 establishes that the supplier is primarily responsible for ensuring consumer satisfaction. This responsibility is restorative in nature and can coexist with other responsibilities, whether administrative, civil, or criminal.

Likewise, those suppliers involved in manufacturing, production, importation, distribution, or final commercialization are jointly liable, so the consumer can file claims against any of these suppliers.
In the case of suppliers offering services, they are the sole ones responsible to the consumer.

Yes, the Vice Ministry of Defense of User and Consumer Rights has various powers stemming from Supreme Decree N° 0065 of April 3, 2009. These include receiving complaints against suppliers, requesting information from them, verifying complaints on-site, monitoring reported cases, representing users and consumers before regulatory entities with their consent, supervising the display of price bands, reporting crimes of usury and speculation, promoting the formation of consumer defense organizations, encouraging suppliers to adopt ethical standards, and coordinating urgent measures in emergency situations that affect the provision of public services or essential supply for the population.

In the regulated sector, sectoral regulation and oversight entities have the authority to address and resolve claims in their sector, applying their own norms, procedures, and specific sanctions, always aligned with the principles of Law No. 453.

The Vice Ministry of Defense of User and Consumer Rights can impose different economic sanctions depending on the severity of the infringement:

• For a minor infringement, the sanction is 1,000 Housing Promotion Units (UFV).
• For a serious infringement, the sanction is 3,000 UFV.
• For a very serious infringement, the sanction is 10,000 UFV.

Providers who have been sanctioned can request the commutation of the sanction, paying half of the imposed sanction.

In addition to these sanctions, the Vice Ministry can also demand other administrative, civil, or criminal responsibilities.

The Housing Promotion Unit (UFV) in Bolivia is a unit of measure used to update monetary values. The UFV is adjusted periodically based on the variation of the Consumer Price Index (IPC). Currently, one UFV unit is equivalent to 2.46 Bolivianos.

Yes, Article 9 of Law 453 regulates safety campaigns or product recalls. If after introducing a product or service to the market, suppliers detect associated risks or dangers, they are obliged to immediately communicate this fact to the competent authorities and consumers. Additionally, they must proceed to withdraw or suspend the product or service at their expense.

If the competent authority detects a risk or danger not reported or not foreseen in the product or service, it also has the power to order its immediate withdrawal or suspension ex officio.

Withdrawn products must be destroyed following environmental safety standards. On the other hand, suppliers must withdraw or replace products or proceed to refund the price paid for the products or services in case of detected risks.

No, there is no legal regime in Bolivia on safety campaigns or product recalls that applies to products marketed abroad and not in the country.

However, it is advisable to comply with the duty of communication to the Vice Ministry of Defense of User and Consumer Rights if one is aware of defects in a product similar or identical to the one marketed in Bolivia

No, in Bolivia, there is no specific e-commerce regulation. However, there are several rules that separately regulate different aspects of e-commerce:

• Law 164, General Law of Telecommunications, Information and Communication Technologies, dated August 8, 2011, addresses and regulates some fundamental aspects of e-commerce in Bolivia, from the definition of key terms to the validity of digital documents and transactions, including the regulation of advertising in digital media.
• Board Resolution No. 079/2022 of the Central Bank of Bolivia approved a new Regulation on Payment Services, Electronic Payment Instruments, Compensation, and Settlement with the aim of modernizing and promoting the adoption of innovative technologies in electronic payments in Bolivia.
• Normative Resolution of the Board No. 10-0044-13 of the National Tax Service regulates the fiscal aspects of the purchase and sale of goods through e-commerce.

No, since there is not a special regulation on e-commerce, there are no additional rights specifically regulated.

No, in Bolivia, there is no regime that allows the purchase and sale of crypto assets. According to the Board Resolution N° 144/2020 dated December 15, 2020, issued by the Central Bank of Bolivia (BCB), the use of crypto assets is prohibited as they are not considered a legal currency in the country. Furthermore, the BCB warns about the risks associated with their use, marketing, and trading in Bolivia, highlighting that there are no guarantees to protect the investment in cases of fraud, scams, or losses.

Yes, in Bolivia, the applicable regulation for advertising activity by influencers is also Law N° 453. Its Article 25 prohibits "deceptive or abusive advertising" and any information or omission that can cause error or economic damage. "Deceptive Advertising" is defined as any form of advertising that leads to error regarding the characteristics or data of the product or service. On the other hand, "Abusive Advertising" is that which can induce behaviors harmful or dangerous to people's health or physical integrity. Additionally, the Regulation of this Law defines "Commercial and/or Business Promotions" as activities aimed at increasing sales or attracting customers by offering prizes, either through draws, chance, or any other means. Therefore, influencers must take these provisions into account when advertising or promoting, and non-compliance can result in sanctions by the competent authority.

Yes, regarding the Crypto Currencies, both the ruling party and the opposition in Bolivia are pushing for the legalization of cryptocurrencies. Two proposals have been submitted to the Plurinational Legislative Assembly. The first, by MAS deputies, aims to regulate crypto-assets and promote technological innovation in financial activities. The second, by Comunidad Ciudadana (CC), seeks to establish a framework for blockchain technology's broader applications, including smart contracts, telemedicine, and e-government. If passed, these laws could impact Bolivia's regime, especially in the area of digital finance and technology.