Law no. 144\/2015 of September 8 transposed Directive 2013\/EU of the European Parliament and of the Council of May 21, 2013 on alternative dispute resolution in consumer disputes.<\/p>\n\n\n\n
This law establishes the legal framework for Alternative Dispute Resolution mechanisms, creating the Consumer Arbitration Network in Portugal.<\/p>\n\n\n\n
What are consumer disputes?<\/strong> What is RAL?<\/strong> What are RAL entities?<\/strong> Who is responsible for managing the list of RAL entities?<\/strong> How many RAL entities are there in Portugal?<\/strong> How does a company know which RAL entity to recommend to its consumers? For example:<\/em><\/p>\n\n\n\n A company that only has one or more commercial establishments in a given municipality should only indicate the ADR body that is competent to settle disputes in that municipality. Who is obliged to inform consumers about RALs?<\/strong> The obligations arising from Law 144\/2015 apply, with the necessary adaptations, to all economic sectors not excluded by that law, including those in which there is already specific legislation providing for the same obligation.<\/p>\n\n\n\n Is there any requirement to join an RAL entity?<\/strong> How should companies provide this information?<\/strong> On the website of the suppliers of goods or services, if any. Does the law provide for a standardized model of information to be given to consumers?<\/strong> Who is responsible for monitoring compliance with the obligation to provide information to consumers?<\/strong> What are the consequences of not complying with the duty to inform consumers?<\/strong> A fine of between \u20ac500 and \u20ac5,000 when committed by a natural person. When does this new regime apply?<\/strong> ATTENTION:<\/strong> Informing consumers about the available ADR entities does not exempt suppliers of goods and service providers from providing consumers with the Complaints Book, which is mandatory under the terms of Decree-Law no. 156\/2005, of September 15.<\/p>","protected":false},"excerpt":{"rendered":" A Lei n\u00ba 144\/2015 de 08 de setembro, veio transpor a Diretiva 2013\/EU, do Parlamento Europeu e do Conselho, de 21 de […]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-366","page","type-page","status-publish","hentry"],"yoast_head":"\n
These are disputes initiated by a consumer against a supplier of goods or services, which concern contractual obligations resulting from contracts for the sale or provision of services, concluded between a supplier of goods or services established and consumers resident in Portugal and the European Union (Article 2(1) of Law no. 144\/2015.<\/p>\n\n\n\n
ADRs are mechanisms available to consumers and businesses to try to resolve consumer disputes outside the courts, in a faster and more cost-effective way. ADR includes mediation, conciliation and arbitration. The ADR process begins with an attempt to reach an agreement through mediation or conciliation. However, if this agreement is not reached, the parties involved can still resort to the Arbitration Court, through a simple and quick process.<\/p>\n\n\n\n
They are independent entities, with specialized staff, who impartially help the consumer and the company reach an amicable solution. These entities are authorized to mediate, conciliate and arbitrate consumer disputes. They must be registered on the list provided for in Article 17 of Law 144\/2015.<\/p>\n\n\n\n
The Directorate-General for Consumer Affairs is the national authority responsible for organizing the registration and dissemination of the list of ADR bodies (see ANNEX I).<\/p>\n\n\n\n
There are ten Consumer Conflict Arbitration Centers in Portugal. Seven of them have general jurisdiction and are regional in scope, located in Lisbon, Porto, Coimbra, Guimar\u00e3es, Braga\/Viana do Castelo, the Algarve and Madeira. There is also a national center (supplementary), the CNIACC - Centro Nacional de Informa\u00e7\u00e3o e Arbitragem de Conflitos de Consumo. There are also two specific competence centers specializing in the automobile sector and the insurance sector.<\/p>\n\n\n\n
The place of conclusion of the contract for the sale of goods or the provision of services, which as a rule coincides with the place of establishment, determines the competent arbitration center.<\/p>\n\n\n\n
A company that operates throughout Portugal must indicate all the competent authorities.
A car repair shop, an insurance company or a travel agency should indicate the specialized entities for these sectors.<\/p>\n\n\n\n
All suppliers of goods and services, including those who only sell products or provide services over the Internet, are obliged to inform consumers about the ADR bodies available or those they have voluntarily joined or are bound to by law. Only providers of Services of General Interest for no economic consideration are excluded, such as social services provided by or on behalf of the state, health services and public complementary or higher education services.<\/p>\n\n\n\n
This law does not impose membership of any ADR entity, but only establishes a duty to provide information about existing entities. However, arbitration is required for essential public services, such as electricity, gas, water and waste, electronic communications and postal services.<\/p>\n\n\n\n
This information must be provided in a way that is clear, understandable and appropriate to the type of goods and services being sold or provided (Article 18(2) of Law 144\/2015). Thus:<\/p>\n\n\n\n
In sales or service contracts between the supplier of goods or services and the consumer, when these are in writing or constitute contracts of adhesion.
If there is no written form, the information must be provided on another durable medium, namely on a sign posted on the wall or affixed to the sales counter or on the invoice given to the consumer.<\/p>\n\n\n\n
No. However, a proposal for the design of a sign is attached (Annex II).<\/p>\n\n\n\n
The Food and Economic Safety Authority and the sector regulators in the respective fields are responsible for monitoring compliance with these duties, investigating the respective administrative offense proceedings and deciding on these proceedings, including the imposition of fines and ancillary sanctions if necessary.<\/p>\n\n\n\n
Failure to comply with the duty to inform suppliers of goods or services constitutes an administrative offense, punishable by:<\/p>\n\n\n\n
A fine of between \u20ac5,000 and \u20ac25,000 when committed by a legal person.<\/p>\n\n\n\n
Law no. 144\/2015 of September 8 came into force on September 23, 2015, and suppliers of goods or services had 6 months from that date to adapt to this new regime. Therefore, since March 23, 2016, companies must have this information available for their consumers.<\/p>\n\n\n\n