Introduction
The Commission of the Regional Office of INDECOPI of Lambayeque by means of Final Resolution No. 325-2024/INDECOPI-LAM, confirmed the complaint filed by Mrs. Nuby Thelma Uriarte Jiménez against Financiera OH! S.A., imposing a sanction of 3.49 UIT and ordering corrective measures. The resolution addresses a violation of the Consumer Protection and Defense Code, specifically Article 19, which prohibits the issuance of financial products without prior request or authorization.
Facts of the case
The complainant, Nuby Thelma Uriarte Jiménez, stated that the financial entity OH! S.A. issued a credit card in her name without her request or authorization, also allowing unrecognized transactions with this financial product. The entity also attributed to her a debt of S/145.59 for a billing cycle corresponding to a product that she did not request. In view of this situation, the complainant requested corrective measures such as the cancellation of the card and the rectification of her credit history with alleged violations.
INDECOPI’s Decision
After analyzing the arguments and evidence presented by both parties, INDECOPI concluded that Financiera OH! S.A. had incurred in serious misconduct, highlighting that the financial entity did not present sufficient evidence to prove that the issuance of the credit card had been requested or authorized by the complainant. In addition, failures were identified in the security mechanisms implemented by the company to prevent unrecognized transactions, which represents a violation of consumer rights.
Consequently, the following sanctions and corrective measures were imposed:
- Economic fine: Financiera OH! S.A. must pay 3.49 UIT for the infractions committed.
- Cancellation of the card: The cancellation of the improperly issued product and the elimination of all associated operations and charges were ordered.
- Credit rectification: The entity is obliged to correct the complainant’s credit history in the credit bureaus.
- Procedural costs: The payment of the costs and expenses of the administrative procedure was established.
- Inscription in the infringement registry: The finance company will be included in INDECOPI’s Registry of Infractions and Sanctions, which will affect its reputation in the market.
Repercussions of this ruling
The ruling emphasized that, despite the arguments presented by the finance company regarding the use of biometric validations, insufficient evidence was provided to demonstrate the express authorization of the complainant. Therefore, the ruling establishes that the entity did not comply with the minimum verification standards required by current regulations.
Furthermore, this decision by INDECOPI not only favors the complainant, but also highlights the need to improve regulation in the financial sector. Entities should prioritize the implementation of more rigorous processes to ensure that all products and services are offered with explicit authorization and under reliable security measures. This ruling reinforces the importance of consumers informing themselves and asserting their rights in the event of any irregularity.
Conclusion
Final Resolution N.325-2024/INDECOPI-LAM reinforces the protection of consumers’ rights in Peru, underlining the importance of transparency and express authorization in the contracting of financial products. In addition to sanctioning the improper issuance of a credit card and the lack of security measures, this decision sets a clear precedent for the financial sector, demanding higher standards of regulatory compliance and responsibility towards users.
Emphasizing that consumers have effective legal tools to defend themselves against abusive or negligent practices, and highlights the work of INDECOPI as a guarantor of a fair relationship between companies and consumers. It is a reminder to financial institutions that trust and confidence are fundamental to build sustainable relationships with their customers.
Source: https://www.gob.pe/institucion/indecopi/noticias/1055465-el-indecopi-sanciona-a-financiera-por-emitir-tarjeta-de-credito-sin-autorizacion-y-permitir-su-uso-en-operaciones-no-reconocidas