Law No. 21,398, also known as the "Pro-Consumer Act", published on December 24, 2021, includes a new provision (letter g) in the second paragraph of Article 3 of Law No. 19,496, Consumer Protection Act ("CPA").
The provision establishes the basic right of every consumer to always resort to the competent court in accordance with the CPA. It also provides the possibility that, once a dispute arises with a consumer, the parties may submit it to mediation, conciliation, or arbitration.
On December 13, 2022, the Ministry of Economy, Development and Tourism published the Regulation on Mediation, Conciliation, and Arbitration in Consumer Matters, which sets forth the measures for the proper application of these mechanisms. This regulation was subject to a legal vacancy period of 6 months, coming into force on June 14, 2023.
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