The Chamber III of the Court of Appeals in the Administrative and Tax Litigationrejected the appeal filed by the company Telefónica Móviles Argentina SA and confirmed the disposition of the area of Defense and Consumer Protection by which imposed a fine of 60 thousand pesos for violation of article 4 of the Consumer Protection Law.
The aforementioned infraction corresponded to the complaint of a user who, upon hiring the roaming service, did not receive information from the company that the contract did not include said service, which they subsequently billed. Given this situation, the DGDyPC imposed a fine for violation of article No. 4 of Law 24,240, which obliges companies to “provide the consumer in a certain, clear and detailed way everything related to the essential characteristics of the goods and services that it provides, and the conditions of its commercialization”, and specifies that the information must be provided with the “necessary clarity that allows its understanding” .
When considering the appeal filed by Telefónica Móviles Argentina S. A, Hugo Zuleta considered “the importance of the right to information in consumer relations at present” and the recurring nature of the company. Against the grievance for the amount of the fine, the judge of the Chamber noted that the amount of the same “is much closer to the minimum than the maximum of the scale“, taking into account that the legal scale for the fine varies from 100 pesos to 5 million pesos according to article 47 of Law 24,240 and the amount of the fine imposed was 60 thousand pesos.