Jurisprudencia destacada: Defensa del consumidor, entidades bancarias, graduación de la sanción

«BBVA BANCO FRANCES S.A. c/ GCBA», Cámara de Apelaciones Contencioso, Administrativo y Tributario, 28/10/2014

foto corteSÍNTESIS.- En el caso, corresponde confirmar el «quantum» de la sanción pecuniaria impuesta por la Administración a la entidad bancaria, por infracción la artículo 19 de la Ley N° 24.240.
En este orden, la autoridad administrativa al establecer el «quantum» de la sanción, configurada la infracción imputada, relacionó su aplicación dentro de los parámetros de la ley, sin que se advierta irrazonable ni arbitrario el monto determinado, a la luz de la infracción cometida y según los topes legales establecidos para su cálculo (conf. art. 47, ley Nº24.240), máxime si se tiene en cuenta el posicionamiento alcanzado en el mercado y la repercusión de los hechos denunciados, atento el número de consumidores eventualmente damnificados.
En efecto, y en atención a los parámetros reseñados, cabe señalar que: a) la entidad sancionada ocupa un lugar relevante en el mercado; b) el denunciante se debió solicitar la intervención de la Dirección General de Defensa y Protección al Consumidor en procura del resguardo de sus derechos; y c) la falta cometida por la empresa, que encuentra proyección social ante la popularidad del cobro de seguros de vida por saldo deudor en cuenta corriente, riesgo que debe ponderarse dado que podrían tener mayor repercusión que si se tratara de otro servicio o empresa.
Sin perjuicio de que lo expresado anteriormente resulte suficiente para descartar los argumentos de la accionante, entiendo de todos modos pertinente precisar que aún si la actora no fuera reincidente o no tuviera una importante injerencia en el mercado –por ejemplo-, ello no implicaría que la ponderación de la multa se encuentre infundada, toda vez que, conforme lo expuesto en el acto recurrido, no fueron los únicos parámetros tenidos en miras para ponderar la penalidad.

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Fuente: JURISTECA

39 comentarios de “Jurisprudencia destacada: Defensa del consumidor, entidades bancarias, graduación de la sanción

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