The Complaints Book as a tool to protect rights and reduce risks


The Complaints Book, whether in physical or electronic format, allows consumers to register a complaint or claim regarding offered products or services. Thus, it serves not only as a legal mechanism for consumer protection but also as a key tool for business risk management.

 

What is the difference between a complaint and a claim?

 

Complaint Claim
Displeasure or discontent regarding customer service, without a direct connection to the product or service Dissatisfaction directly related to the product purchased or the service received.

 


Note: Filing a complaint or claim is neither a prerequisite nor a mandatory step for filing a complaint with the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI). Consumers retain the right to seek recourse directly through the relevant authority or pursue other dispute resolution mechanisms if they deem it appropriate.

The Peruvian Consumer Protection and Defense Code requires all business establishments open to the public to make a Complaints Book available to consumers. In addition, said code sets out that companies must comply with the following obligations:

  • Display a visible notice informing consumers of the availability of the Complaints Book, including on e-commerce platforms.
  • Provide access to the Complaints Book whenever requested by a consumer.
  • Process and respond to claims within the legally established timeframes.
  • Keep the relevant documentation available whenever requested by the relevant authority.

 

Why is it important for consumers?

The Complaints Book constitutes one of the first formal channels through which consumers may:

  • Formally record a dissatisfaction.
  • Request a direct solution from the provider.
  • Create evidence for a potential proceeding before INDECOPI.
  • Request a formal response from the company.

In practice, many consumer disputes can be resolved at this stage without the need to initiate more complex administrative proceedings.

 

What are the most common mistakes companies make?
  • Refusing, obstructing, or discouraging the use of the Complaints Book, which may constitute an additional infraction sanctionable by INDECOPI.
  • Failing to respond to a complaint or claim within fifteen (15) business days from the date it is filed. This deadline is non-extendable, and non-compliance constitutes a sanctionable infraction.
  • Failing to properly train personnel on consumer complaint-handling procedures, particularly when consumers request access to the Complaints Book.

 

Our recommendations:
  • Conduct periodic audits to verify compliance with obligations related to the Complaints Book.
  • Train customer service personnel on consumer rights and best practices.
  • Implement internal protocols to ensure the timely response to consumer complaints and claims.

Businesses often view the Complaints Book as a source of conflict. However, from a regulatory compliance perspective, it is one of the most effective tools for identifying risks, improving processes, and preventing sanctions.

At BDO SERVICIOS LEGALES Y LABORALES S.A.C., we can provide legal advisory to help your organization properly manage complaints and claims, protect its reputation, and avoid costly legal contingencies.

For more information, please contact us via email at servicioslegales@bdo.com.pe

 

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