Peru's Indecopi Fines Banco Falabella Over $336,000 for Hindering Customer Complaints

Banco Falabella Peru S.A. has been fined over 336,000 Peruvian soles (approximately $90,000 USD) by Peru's National Institute for the Defense of Competition and Intellectual Property (Indecopi). The sanction stems from the bank's implementation of mechanisms that hindered consumers from lodging complaints via its in-person and digital service channels.

The Consumer Protection Commission No. 3 of Indecopi determined that the bank's actions constituted a violation of the Consumer Protection and Defense Code. Specifically, the commission found that six bank branches required customers to meet conditions not stipulated by regulations, such as being an existing client or not having an ongoing complaint, thereby restricting the users' right to formally register their grievances.

Furthermore, Indecopi's investigation revealed that the bank's WhatsApp service also prevented the registration of complaints in at least two instances when a customer's National Identity Document (DNI) could not be validated. The commission concluded that these requirements were undue, as current regulations mandate that service providers cannot impose additional conditions for complaint submission and must ensure effective registration.

Banco Falabella has the right to appeal this first-instance decision within 15 business days before Indecopi's Specialized Consumer Protection Chamber. Indecopi emphasized that the right to file complaints is fundamental, particularly in the financial sector, where institutions are obligated to provide accessible and functional channels for customer service.