Defensa del consumidor: confirmaron una multa impuesta a un banco por prácticas abusivas

SÍNTESIS.- La Ley Nº 26.361 –promulgada el 3/04/08– introdujo importantes reformas a la Ley Nº 24.240 pudiendo destacarse entre ellas, el derecho que posee el consumidor a que le sea dispensado un trato equitativo y digno. Sin dudas la incorporación del artículo 8 bis implicó una ampliación y jerarquización del consumidor o usuario en la constante búsqueda de la protección del débil en la relación del consumo, apuntando al respeto de aquél como persona que no puede ser sometida a menosprecios o desconsideraciones. Por su parte, el artículo 42 de la Constitución Nacional y el artículo 46 de la Constitución local, atienden a la defensa de los consumidores y usuarios para tutelar su salud, seguridad e intereses económicos, dotándolos de una información adecuada y veraz, tratando de asegurarles la libertad de elección y condiciones dignas de trato.

En el caso, corresponde confirmar la resolución administrativa que impuso a la entidad bancaria una sanción pecuniaria, por infracción al artículo 8 bis de la Ley N° 24.240. En este sentido, de las constancias obrantes surge que la denunciante requirió un préstamo personal a la entidad bancaria, el cual fue concedido. No obstante, ese mismo año comenzó a retrasarse con el pago de las cuotas, debido a los inconvenientes económicos que padecía. Ante ello, aceptó la refinanciación por el banco ofrecida. Sin embargo, también dejó de abonar las cuotas dado que continuaban sus problemas. A raíz de su demora, le llegaron varias intimaciones por parte del estudio jurídico al domicilio que la denunciante había indicado en la solicitud como “dirección de correspondencia”, y también, al domicilio laboral de la denunciante. En virtud de lo expuesto, corresponde deducir que la actora tuvo una conducta inoportuna que colocó a la consumidora en una situación de sospecha, vergüenza o intimidación frente a su empleador, toda vez que no sólo le comunicó que la denunciante se encontraba con una deuda vencida e impaga y, frente a la posibilidad del inicio de las acciones judiciales pertinentes y la traba de embargo sobre sus haberes, sino que además, le solicitó que tomase las medidas que correspondieren para que su empleada regularizase su situación económica. Todo ello, sin habérsele proporcionado la dirección laboral como domicilio posible de contacto, transgrediendo de esta manera la dignidad de la denunciante.

BANCO COLUMBIA SA c/ GCBA, Cámara de Apelaciones Contencioso, Administrativo y Tributario, 6/05/16

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Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

34 comentarios de “Defensa del consumidor: confirmaron una multa impuesta a un banco por prácticas abusivas

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