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INDECOPI’s Preliminary Investigation into BCP

9 August, 2024

Problems in the BCP’s Payment Channels

The BCP (Banco de Crédito del Perú – Credit Bank of Peru) will face a preliminary investigation by INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institute for the Defense of Competition and Protection of Intellectual Property) due to a crash in its systems occurred on Tuesday, July 30, which prevented users from using the corresponding payment channels.   

Indecopi’s Investigation

The Technical Secretariat of the Consumer Protection Commission No. 3 of the National Institute for the Defense of Competition and Protection of Intellectual Property initiated this investigation. If indications of violations to the Code of Consumer Protection and Defense are found, an administrative sanctioning procedure will be opened. If the alleged infringements are confirmed, sanctions and corrective measures will be imposed in favor of the affected parties.   

Exhortation to Companies

Indecopi issued a communiqué urging companies to take the necessary actions to reduce errors or operational defects in its systems. The purpose is to evaluate possible infringements to the Consumer Protection and Defense Code.   

Clear and Timely Communication

The communiqué also stresses the importance of informing users accurately regarding any inconvenience and reversing the effects caused quickly. Any circumstance affecting the information and availability of funds in the accounts and the ordinary use of the contracted services may be considered a breach of the duty of suitability that providers must guarantee.   

Background and Sanctions

Since 2018, the Commission has sanctioned banks that breached the duty of suitability by presenting operational problems in their systems, affecting the service and available balance for consumers due to the operational failure of Interbank’s systems in September 2023, which momentarily affected the balance available in the users’ account, which led to a sanction against said bank, for breach of the duty of information and suitability.   

 

Source: El Comercio 08/07/2024