Esta ley enmienda la Sección 4 de la Ley Núm. 97 de 19 de junio de 1953, que establece el remedio de triple daños por la venta a sobreprecio de productos. La enmienda aumenta la cantidad a otorgar por daños, estableciendo un mínimo de cien (100) dólares por violación cuando el triple del sobreprecio sea menor a esta cantidad, además de costos y honorarios de abogado. El propósito es actualizar la ley para proteger a los consumidores ante posibles aumentos de precios y hacer más efectiva la reclamación por sobreprecio.
(Approved September 3, 2003)
To amend Section 4 of Act No. 97 of June 19, 1953, which sets forth the remedy of triple damages for the overpriced sale of products to increase the amount to be awarded for damages.
This amendment intends to update Section 4 of the Act that created the Economic Stabilization Administration Act, Act No. 97 of June 19, 1953, at this time of world crisis and facing the threat of a possible armed conflict that could entail changes in the supply and prices of products. It is the obligation of the Legislature to see to the effectiveness of those laws that have been through the judiciary melting pot and constitute vital tools for the protection of Puerto Rican consumers.
This Section, established in Act No. 97 of July (sic) 19, 1953, acknowledges the direct cause of action of triple damages for overpricing and empowers the Secretary of the Department of Consumer Affairs, in the appropriate cases, to impose the same remedy as that set forth in Act No. 228 of May 12, 1942, as amended, known as the Insular Supplies Act. The Supreme Court of the Commonwealth of Puerto Rico, in Cervecería India, Inc., v. Tribunal Superior, 103 D.P.R. 686 (1975), indicated that both provisions exist, that is to say, one does not expressly repeal the other.
The intention of the Act that created the Economic Stabilization Administration Act, was to indemnify the citizen who estimated that the cost
and time entailed in court litigation was not compensated by the amount that might be recovered as the result of a breach of law. Said Administration was absorbed once the Department of Consumer Affairs was created.
The change in the value of money, inflation, and the reality that a penalty on the mark-up on the fixed price would be of only a few cents, as occurs with low-cost articles, would make a compensation of three times the difference in cents as inoperative. As a result of the above, citizens would not be motivated to initiate a claim for a few cents, and it would be costly for the Commonwealth of Puerto Rico to hold an administrative hearing to impose said compensation.
Therefore, it is necessary to adjust this Act to the current Puerto Rican reality at the threshold of the $21^{ ext {st }}$ Century.
Section 1.- Section 4 of Act No. 97 of June 19, 1953, is hereby amended to read as follows: "Section 4. - Triple Damages for Overpricing Any person who purchases an essential article or service at a price in excess of the maximum established by a regulation or order of the Administrator, may claim within one (1) year from the date of the purchase of the essential article or service from the vendor, damages for three (3) times the total amount of the overprice, plus costs and attorney fees as determined by the court. When three times the amount of the surcharge is less than one hundred (100) dollars, the buyer shall be entitled to one hundred dollars (100) for damages in each violation, plus costs and attorney's fees as determined by the court."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 261 (H.B. 3576) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 4 of Act No. 97 of June 19, 1953, which sets forth the remedy of triple damages for the overpriced sale of products to increase the amount to be awarded for damages, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of September of 2004.
Elba Rosa Rodríguez-Fuentes Director