	Latin American Consumer Guide 2024
	Chile
	(Latin America/Caribbean) Firm Claro & Cia., Abogados Contributors Santiago Bravo Javier Rodríguez Diez
What is the applicable legal regime addressing consumer protection in your jurisdiction?	Chile's primary consumer protection statute is the Consumer Protection Act (Act No. 19.496), which is supplemented by regulations enacted by the Ministry of Economy.
What is the definition of a consumer?	According to the Consumer Protection Act (Art. 1 No. 1), consumers are "individuals or legal entities that acquire, use or enjoy goods or services, as final users, on account on any transaction which involves the payment of a price or fee".
What goods and services are covered by consumer protection legislation in your jurisdiction?	The Consumer Protection Act generally applies to all goods and services. However, the application of the Consumer Protection Act to regulated industries may be totally or partially superseded by specific statutes (Art. 2 and 2 bis).
Do the applicable regulations provide a list of consumer rights?	Yes, the Consumer Protection Act (Art. 3) mentions as consumer rights: free choice of goods or services; truthful and timely information on the goods and services which are offered; not to be arbitrarily discriminated ; safety, protection of health, and the environment; timely and adequate reparation and compensation; and education for a responsible consumption.
Do the applicable regulations provide a list of consumer duties?	Yes, the Consumer Protection Act (Art. 3), provides that consumers must: inform themselves responsibly about the goods and services provided to them; avoid risks which may affect them; claim their rights in the legally prescribed manner; and resort to legally established suppliers.
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?	Yes, the Consumer Protection Act applies to manufacturers, importers and distributors in connection with goods sold and services rendered in Chile. The Consumer Protection Act does not provide any exclusion based on the national or foreign origin of products.
Is there any alternative or special regime depending on the type of good or service?	Yes, the Consumer Protection Act has special provisions on several matters, including, among others, financial products, education, parking slots, telecommuication providers, motor vehicles, videogames, and airplane transportation.
What is the minimum information required to be provided to the consumer with respect to goods?	The Consumer Protection Act (Art. 3) indicates that suppliers must provide timely and truthful information regarding the price, the contractual conditions and "any other relevant features". Art.1 No. 3 indicates that the basic commercial information with respect to goods is their identity, as well as the instructions manual and the terms of the guarantee. In case of durable goods, the supplier must also inform their useful life under normal circumstances, including the term within which the supplier will offer replacement parts and technical support.
Is there a general warranty for products and/or services?	Yes, the Consumer Protection Act provides a legal warranty within which consumers may demand the repair of a product, its replacement or the refund of the price paid. Claims under the legal warranty can be brought within six months after the delivery of the goods. A consumer may seek some remedies arising from the legal warranty not only against the seller, but also against the manufacturer and/or the importer.
Are there any products that have a legal warranty different from the general warranty?	Yes, motor vehicles (Consumer Protection Act, Art. 12 C) and jewelry (art.20).
For what reasons could the consumer initiate a complaint regarding a purchased product or service?	Various grounds, including most notably: defective products or services; insufficiency or inaccuracy ot the information (including misleading advertisement); (c) arbitrary discrimination; injury or damage attributable to the supplier; excessive interest rates; unconscionable terms; omission of warnings; unjustified refusal to sell or provide services at the offered rate; tying products or services (in some industries).
Is there a specific judicial action to resolve lawsuits arising from consumer matters?	Yes, consumer may seek both administrative sanctions and civil liability from a supplier by filing a complaint before a local communal court (juzgados de policía local). Groups or 50 or more consumers, as well as consumer associations, may also file class actions seeking similar remedies before regular civil courts.
If there is no specific judicial action, how does the consumer make a claim?	N/A
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.	Consumers may claim all kinds of patrimonial damages (consequential damages and loss of profit), as well as moral damages. Moreover, punitive damages may be imposed in the context of class actions under special circumstances described in Art. 24 of the Consumer Protection Act.
Can consumer issues lead to class actions?	Yes.
How often does this occur?	Regularly. Hundreds of class actions have been filed in Chile since their introduction in 2004 in the Consumer Protection Act.
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.	The direct supplier is the primarily responsible. However, depending on the specific infringement, consumers may also submit claims against the manufacturers and/or the importers.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?	Yes, the National Consumer Service (Servicio Nacional del Consumidor or SERNAC) is the government agency in charge of the public enforcement of the Consumer Protection Act in Chile. Moreover, industry-specific regulation may include consumer protection rules and mandates to enforce them to specialized agencies (v.gr., energy distribution, pharmaceuticals, banking, insurance, among others).
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment	SERNAC cannot directly impose sanctions, but can request them from courts. Most of the sanctions consist in monetary fines which are usually around USD 25.000. Higher fines can be imposed, but they cannot exceed a maximum amount of approximately USD 37 million. Other sanctions include the suspension of advertisement, the declaration of unconscionable clauses or the recall of hazardous products.
Does the legal regime regulate safety campaigns or product recalls?	Yes, if the supplier realizes that a product is dangerous or that there are some risks which were previously unknown, notice should be given to the authorities in order to carry out a product recall (Art. 46 Consumer Protection Act). SERNAC has issued a guideline on product recall and has established and online platform for both safety campaigns and product recalls.
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?	Yes, regarding safety campaigns or product recalls, the Consumer Protection Act does not provide any exclusion based on the origin of the products, being applied to manufacturers, importers and distributors in connection with goods sold and services rendered in Chile.
Are there any special regulations on e-commerce?	Yes, the Ministry of Economy enacted Regulation No. 6 of 2021, which contains provisions regarding e-commerce. This regulation imposed additional duties on suppliers, including information requirements in electronic transactions. It also establishes obligations of e-commerce platform operators.
What types of e-commerce platforms are regulated by your legislation? List and define them.	Regulation No. 6 of 2021 of the Ministry of Economy applies to sellers who offer goods or services in e-commerce platforms in exchange for a certain price or fee. The Regulation defines "Sellers" as those private or public suppliers who offer goods or services to consumers on a regular basis, for which they charge a price or fee through an e-commerce platform. The Regulation moreover defines "(E-commerce) Operators" as those suppliers which provide Sellers an e-commerce platform, either belonging to themselves or to a third party, in order to allow them to offer their products or services to consumers.
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.	Yes, consumers of goods who purchase them through e-commerce platforms have the right to cancel the purchase within 10 days. In the case of services, the supplier may explicitly exclude this possibility.
Is this regime applicable for the purchase and sale of crypto assets?	Yes, the Consumer Protection Act applies to all kinds of goods sold and services rendered in Chile in exchange for a price or fee. Nonetheless, the is a special regulation on crypto assets provided by Act. No. 21.521 (Fintec Act).
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?	Yes, although there are no regulations on influencers in the Consumer Protection Act, SERNAC issued in 2022 an administrative interpretation regarding advertisements by influencers. Nonetheless, the scope of this regulation is limited, since it is only binding for SERNAC.
Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?	Yes, in September 2023, the President proposed to Congress a relevant amendment to the Consumer Protection Act (Bill 16271-03). If the bill is passed, it would grant the SERNAC the power to directly impose sanctions on providers (instead of requesting them in court). Moreover, it would impose additional duties on providers regarding the reply to consumers' complaints, as well as several reforms involving, among other things, e-commerce platforms, financial services, judicial and extrajudicial collection and real estates purchases.

Latin American Consumer Guide 2024

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What is the applicable legal regime addressing consumer protection in your jurisdiction?

Chile's primary consumer protection statute is the Consumer Protection Act (Act No. 19.496), which is supplemented by regulations enacted by the Ministry of Economy.

What is the definition of a consumer?

According to the Consumer Protection Act (Art. 1 No. 1), consumers are "individuals or legal entities that acquire, use or enjoy goods or services, as final users, on account on any transaction which involves the payment of a price or fee".

What goods and services are covered by consumer protection legislation in your jurisdiction?

The Consumer Protection Act generally applies to all goods and services. However, the application of the Consumer Protection Act to regulated industries may be totally or partially superseded by specific statutes (Art. 2 and 2 bis).

Do the applicable regulations provide a list of consumer rights?

Yes, the Consumer Protection Act (Art. 3) mentions as consumer rights:

free choice of goods or services;
truthful and timely information on the goods and services which are offered;
not to be arbitrarily discriminated ;
safety, protection of health, and the environment;
timely and adequate reparation and compensation; and
education for a responsible consumption.

Do the applicable regulations provide a list of consumer duties?

Yes, the Consumer Protection Act (Art. 3), provides that consumers must:

inform themselves responsibly about the goods and services provided to them;
avoid risks which may affect them;
claim their rights in the legally prescribed manner; and
resort to legally established suppliers.

Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?

Yes, the Consumer Protection Act applies to manufacturers, importers and distributors in connection with goods sold and services rendered in Chile. The Consumer Protection Act does not provide any exclusion based on the national or foreign origin of products.

Is there any alternative or special regime depending on the type of good or service?

Yes, the Consumer Protection Act has special provisions on several matters, including, among others, financial products, education, parking slots, telecommuication providers, motor vehicles, videogames, and airplane transportation.

What is the minimum information required to be provided to the consumer with respect to goods?

The Consumer Protection Act (Art. 3) indicates that suppliers must provide timely and truthful information regarding the price, the contractual conditions and "any other relevant features". Art.1 No. 3 indicates that the basic commercial information with respect to goods is their identity, as well as the instructions manual and the terms of the guarantee. In case of durable goods, the supplier must also inform their useful life under normal circumstances, including the term within which the supplier will offer replacement parts and technical support.

Is there a general warranty for products and/or services?

Yes, the Consumer Protection Act provides a legal warranty within which consumers may demand the repair of a product, its replacement or the refund of the price paid. Claims under the legal warranty can be brought within six months after the delivery of the goods. A consumer may seek some remedies arising from the legal warranty not only against the seller, but also against the manufacturer and/or the importer.

Are there any products that have a legal warranty different from the general warranty?

Yes, motor vehicles (Consumer Protection Act, Art. 12 C) and jewelry (art.20).

For what reasons could the consumer initiate a complaint regarding a purchased product or service?

Various grounds, including most notably:

defective products or services;
insufficiency or inaccuracy ot the information (including misleading advertisement); (c) arbitrary discrimination;
injury or damage attributable to the supplier;
excessive interest rates;
unconscionable terms;
omission of warnings;
unjustified refusal to sell or provide services at the offered rate;
tying products or services (in some industries).

Is there a specific judicial action to resolve lawsuits arising from consumer matters?

Yes, consumer may seek both administrative sanctions and civil liability from a supplier by filing a complaint before a local communal court (juzgados de policía local). Groups or 50 or more consumers, as well as consumer associations, may also file class actions seeking similar remedies before regular civil courts.

If there is no specific judicial action, how does the consumer make a claim?

N/A

What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.

Consumers may claim all kinds of patrimonial damages (consequential damages and loss of profit), as well as moral damages. Moreover, punitive damages may be imposed in the context of class actions under special circumstances described in Art. 24 of the Consumer Protection Act.

Can consumer issues lead to class actions?

Yes.

How often does this occur?

Regularly. Hundreds of class actions have been filed in Chile since their introduction in 2004 in the Consumer Protection Act.

Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.

The direct supplier is the primarily responsible. However, depending on the specific infringement, consumers may also submit claims against the manufacturers and/or the importers.

Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?

Yes, the National Consumer Service (Servicio Nacional del Consumidor or SERNAC) is the government agency in charge of the public enforcement of the Consumer Protection Act in Chile. Moreover, industry-specific regulation may include consumer protection rules and mandates to enforce them to specialized agencies (v.gr., energy distribution, pharmaceuticals, banking, insurance, among others).

What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment

SERNAC cannot directly impose sanctions, but can request them from courts. Most of the sanctions consist in monetary fines which are usually around USD 25.000. Higher fines can be imposed, but they cannot exceed a maximum amount of approximately USD 37 million. Other sanctions include the suspension of advertisement, the declaration of unconscionable clauses or the recall of hazardous products.

Does the legal regime regulate safety campaigns or product recalls?

Yes, if the supplier realizes that a product is dangerous or that there are some risks which were previously unknown, notice should be given to the authorities in order to carry out a product recall (Art. 46 Consumer Protection Act). SERNAC has issued a guideline on product recall and has established and online platform for both safety campaigns and product recalls.

Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?

Yes, regarding safety campaigns or product recalls, the Consumer Protection Act does not provide any exclusion based on the origin of the products, being applied to manufacturers, importers and distributors in connection with goods sold and services rendered in Chile.

Are there any special regulations on e-commerce?

Yes, the Ministry of Economy enacted Regulation No. 6 of 2021, which contains provisions regarding e-commerce. This regulation imposed additional duties on suppliers, including information requirements in electronic transactions. It also establishes obligations of e-commerce platform operators.

What types of e-commerce platforms are regulated by your legislation? List and define them.

Regulation No. 6 of 2021 of the Ministry of Economy applies to sellers who offer goods or services in e-commerce platforms in exchange for a certain price or fee. The Regulation defines "Sellers" as those private or public suppliers who offer goods or services to consumers on a regular basis, for which they charge a price or fee through an e-commerce platform. The Regulation moreover defines "(E-commerce) Operators" as those suppliers which provide Sellers an e-commerce platform, either belonging to themselves or to a third party, in order to allow them to offer their products or services to consumers.

Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.

Yes, consumers of goods who purchase them through e-commerce platforms have the right to cancel the purchase within 10 days. In the case of services, the supplier may explicitly exclude this possibility.

Is this regime applicable for the purchase and sale of crypto assets?

Yes, the Consumer Protection Act applies to all kinds of goods sold and services rendered in Chile in exchange for a price or fee. Nonetheless, the is a special regulation on crypto assets provided by Act. No. 21.521 (Fintec Act).

Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?

Yes, although there are no regulations on influencers in the Consumer Protection Act, SERNAC issued in 2022 an administrative interpretation regarding advertisements by influencers. Nonetheless, the scope of this regulation is limited, since it is only binding for SERNAC.

Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?

Yes, in September 2023, the President proposed to Congress a relevant amendment to the Consumer Protection Act (Bill 16271-03). If the bill is passed, it would grant the SERNAC the power to directly impose sanctions on providers (instead of requesting them in court). Moreover, it would impose additional duties on providers regarding the reply to consumers' complaints, as well as several reforms involving, among other things, e-commerce platforms, financial services, judicial and extrajudicial collection and real estates purchases.

Latin American Consumer Guide 2024

Chile

Latin American Consumer Guide 2024

Chile

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