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The National Consumer Service (Sernac) filed a class action lawsuit against the auto loan company Global Soluciones Financieras SA, after detecting irregularities in their extrajudicial collection actions.
The national director of Sernac, Lucas Del Villar, explained that the objective of this action is for justice to establish compensation for consumers who have been affected by these infractions, order an end to bad practices and apply the highest fines established by the Consumer Law (LPC).
“Harassment and bad collection practices affect the tranquility and dignity of consumers, affecting entire families who are already experiencing the anguish of not being able to pay their debts, because no one stops paying for pleasure, much less in the pandemic situation that we are living ”, emphasized the authority.
The findings detected by Sernac were made within the framework of an audit process of the financial industry, and the objective of which was to detect harassment practices, unjustified charges and other violations of consumer protection regulations.
In the case of the company Global Soluciones Financieras SA, the Service detected a series of infractions, among them, harassment when contacting delinquent consumers or report the debt to third parties; and collections for extrajudicial collection expenses, without proving effective procedures.
The extrajudicial collections are one of the most claimed reasons before Sernac. From January to September of this year, the Service received 16,550 complaints, and of this total, the financial market accounted for 63.4% of the cases, followed by basic services (16%) and transportation (10.8%) .
Prejudicial action
Sernac also filed a preliminary ruling against the company before the courts of justice Chevrolet Financial Services.
The objective of this measure is for the firm to provide the agency with a series of antecedents that allow it to analyze its behavior in this matter, after refused to be inspected by the body.
The diligence will allow, said Sernac, to fully verify compliance with the collection regulations and, in the event of detecting conduct contrary to the law, to initiate the corresponding consumer protection actions.
After refusing to be audited, Sernac filed a general interest complaint against Chevrolet Servicios Financieros. With this action, which is currently in process, the company risks a fine of up to 750 UTM (about $ 38 million).
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