The fact that you buy something online, pay and don’t get the product not only generates a huge annoyance, but also consequences for companies if people report it and the relevant bodies take action.
In this regard, the Court of Appeals of Santiago, after accepting a request from Sernac, ordered the issuance of an arrest warrant against Alexandra Rodríguez Villegas, legal representative of the company Fast Market Spa, so that you can attend to declare before the auditing entity, as part of an investigation into malpractice in e-commerce.
The agency detected at the time that a series of potential companies that marketed their products online, including Fast Market, They did not ship the products purchased by consumers and did not return the money. And once they tried to demand their rights, the company did not respond, and continued to advertise the sale of its products on its website.
Considering the seriousness of the case and using the powers granted to it by the Consumer Law, Sernac summoned the representative of Fast Market, Alexandra Rodríguez Villegas, to testify to explain the problems and deliver a proposal for a solution for those affected. However, he refused to attend.
Faced with this attitude, the audit institution requested the legal representative to be reprimanded, a decision that was supported in a ruling recently issued by the Santiago Court of Appeals.
Sernac explained that, once the sentence is final and enforceable, and the arrest warrant is issued, the Chilean Investigative Police (PDI) or Carabineros should arrest and to take Alexandra Rodríguez Villegas to the offices of this organization, so that she can answer for the problems generated and deliver a proposal for a solution.
What the Consumer Law Says
The Consumer Law allows Sernac to summon the legal representatives, administrators, advisors and dependents of companies to testify, in order to gather detailed information on a consumer situation.
Precisely as in this case, if the representatives do not attend, the Service can take the appropriate actions, including requesting the justice system through the Local Police Court to arrest them until they appear, as happened in this case.
On the other hand, if Sernac detects practices that could constitute criminal offences, for example, fraud or misappropriation, what it does is refer the case to the Public Prosecutor’s Office, so that, based on its powers, it can initiate a criminal investigation against those responsible.
