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Consumer Protection Alert – November 2022

ALERT- CONSUMER PROTECTION

Law 31601: Law that amends Law Nº 29571, Code of Consumer Protection and Defense, guaranteeing the supplier’s personal attention by offering automated attention systems

On October 5, 2022, Law Nº 31601 was published in the Official Gazette El Peruano, which amends Article 1 of Law Nº 29571, Consumer Protection and Defense Code (“the Code”).

Specifically, the amendment incorporates literal l) to numeral 1.1 of Article 1 of the Code [1], including the consumer’s right to have a personalized attention alternative before automated attention systems.

In this regard, it is a common practice that currently providers offer automated attention by artificial intelligence or digital assistants (called “bots”). Well, with the referred amendment, the suppliers that use these automated systems, will have the obligation to additionally provide, for those consumers who so require, the alternative of a personalized attention, that is, they will have to provide attention through human personnel.

The amendment under comment implies a challenge for the main retail companies that handle hundreds of calls per day, since now it will not be enough with automated answers, but it will be necessary to have personnel to answer the calls from consumers, in case they require it.

Any query on the subject may be answered by doctors Ximena Aramburú (xaramburu@estudiorodrigo.com) and/or Daniela Supo (dsupo@estudiorodrigo.com).

[1] Article 1. Consumer rights. –

1.1 Under the terms established by this code, consumers have the following rights:

       […]

I) The right to have the option or alternative of personal attention when the supplier offers the public any automated attention system assisted by artificial intelligence or digital assistant.