Indecopi Fines Interbank Over S/19,000 for Unauthorized Credit Card Issuance

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) has taken decisive action against Interbank, imposing a significant fine of over S/19,000. This penalty stems from the bank's egregious practice of issuing a credit card to a customer without her explicit consent and subsequently burdening her with a debt that was not hers. This ruling, confirmed in the second and final administrative instance by Indecopi's regional office in Tacna, underscores the agency's commitment to safeguarding consumer rights.

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the bank did not provide adequate service and activated the Visa Access product in the name of the affected party without permission, violating articles 19 and 59 of the Code of Protection and Defense of Consumers.

The investigation revealed that Interbank failed to provide adequate service, activating a Visa Access product under the affected user's name without permission. This action directly violated articles 19 and 59 of the Consumer Protection and Defense Code. The commission emphasized a crucial principle: a customer's silence must never be misconstrued as acceptance of services. Any product activation requires clear and express authorization.

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a customer's silence must never be interpreted as acceptance to contract services, as any product must have express and clear authorization.

Adding insult to injury, the bank attempted to assign a S/30,000 debt to the user, linked to a previously annulled card. This occurred despite the bank itself having canceled the old product and possessing records indicating the client owed nothing. Indecopi's sanctions extend beyond the fine; Interbank must cancel the improperly issued card, erase the fraudulent debt, and reimburse the customer for payments made under duress, totaling approximately S/4,777. Furthermore, if the customer was negatively reported to the SBS credit bureau, the bank must rectify her rating immediately.

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the bank attributed a debt of S/30,000 to the user, linked to an old card.

This case highlights a critical issue in Peru's financial sector, where consumer protection agencies like Indecopi play a vital role in holding financial institutions accountable. While Interbank retains the right to appeal this decision in judicial court, the ruling sends a strong message about the importance of consent and accuracy in banking practices. For Peruvian consumers, this serves as a reminder that their rights are protected and that institutions like Indecopi are vigilant against unfair practices.

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3.49 UIT, equivalent to S/19,195.