Esta ley enmienda la Ley Orgánica del Departamento de Asuntos del Consumidor (DACO) para requerir que los documentos y garantías que deben ser firmados por los consumidores estén escritos en español, a menos que el consumidor prefiera el inglés, y en un tamaño de letra no menor de diez (10) puntos. El objetivo es proteger los derechos de los consumidores asegurando que puedan leer y comprender los términos y condiciones de los contratos y garantías.
(Approved March 27, 2004)
To amend the introductory paragraph and subsection
(n) of Section 6 of Act No. 5 of April 23, 1973, as amended, known as the "Organic Act of the Department of Consumer Affairs," for the Secretary to establish through regulations that in those cases deemed to be necessary and in the best interest of the consumers, any type of document or guarantee that must be signed by a consumer shall be written in the Spanish language, unless the consumer states his/her preference for it to be written in English, in a format of not less than ten (10) point type.
In Puerto Rico, consumers receive documents related to their purchases or services every day. Frequently, the consumer must sign such documents without being able to read them due to the small type, or because they are not in Spanish. This situation entails that, on occasion, the consumers obtains goods or services without having understood the scope of the contract or the guarantee to which they are entitled. Since they do not know the extent of their rights, this prevents them from adequately exercising them.
It is indispensable for the consumer to be able to read and understand the terms and conditions established in the different documents, guarantees and others that are given to them at the time of the purchase, in order for them to state their consent being well informed when accepting the terms and conditions they are offered. This measure is addressed to safeguard the rights of consumers, so that they may exercise them adequately, allowing
them to make well-informed decisions regarding their purchases of goods or services.
This Legislature deems it is necessary as a protective measure of the interests of the consumers of the Island, to direct the Department of Consumer Affairs to establish a minimum size of type, as well as the use of the Spanish language, in all the documents, invoices, and guarantees to be signed by a consumer when purchasing goods or services.
Section 1.- The introductory paragraph and subsection
(n) of Section 6 of Act No. 5 of April 23, 1973, as amended, is hereby amended to read as follows: "Section 6.- In addition to the powers and faculties transferred by this Act, the Secretary of the Department of Consumer Affairs shall have the following duties and powers:
(a) ...
(n) To study the problems of the consumer and the best ways of protecting this interests through the promulgation of appropriate regulations. Provided, that the Secretary shall establish, through regulations, in those cases that he/she deems is necessary and in the best interests of consumers, that any type of document or warranty that must be signed by a consumer shall be written in the Spanish language, unless the consumer states his/her preference that it be drafted in English, and in a format of letters of not less than a ten (10) point type."
Section 2.- This Act shall take effect sixty (60) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 83 (H.B. 865) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend the introductory paragraph and subsection
(n) of Section 6 of Act No. 5 of April 23, 1973, as amended, known as the "Organic Act of the Department of Consumer Affairs," for the Secretary to establish through regulations that in those cases deemed to be necessary and in the best interest of the consumers, any type of document or guarantee that must be signed by a consumer shall be written in the Spanish language, unless the consumer states his/her preference for it to be written in English, in a forms of not less than ten (10) point type, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $24^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director