General Law on the Protection of the Rights of the Consumer or User (No. 358-05)

Dominican Republic

(Spanish) (Enacted in 2005)

The General Consumer Protection law (Ley General de Protección de los Derechos del Consumidor o Usuario) is Dominican’s Republic general consumer regulation and complementary for the financial services sector (Article 1). It created Proconsumidor, institution with powers of inspection and intervention of financial institution operations. This entity has preempted Superintendence of banks jurisdiction and helped vehemently consumers to claim for their rights, declaring them of social interest (Article 2). Furthermore, all financial unfair contracts shall be submitted and approved by Proconsumidor in order to be enforced (Article 81). Moreover, this law provides alternative conflict resolution for any consumer law matter, before any lawsuit.  Although this law covers consumer law in general, we have a specific law for the protection of economic interest for users of financial services.

The law is organized as follows:

CHAPTER I GENERAL PROVISIONS

CHAPTER II-THE NATIONAL INSTITUTE OF PROTECTION

CONSUMER RIGHTS, “PRO CONSUMER”

CHAPTER III-THE EXECUTIVE DIRECTOR OF CONSUMER PRO

CHAPTER IV-CONSUMER RIGHTS

CHAPTER V-PROTECTION OF HEALTH AND SAFETY