Esta ley enmienda la Ley Núm. 118 de 25 de junio de 1971 para clarificar que el Tribunal de Primera Instancia tiene jurisdicción primaria exclusiva para manejar acciones de clase bajo las disposiciones de dicha ley, con el fin de proteger los derechos de los consumidores y comerciantes independientes.
(Approved November 16, 2002)
To amend Section 3 of Act No. 118 of June 25, 1971, in order to clarify that the Court of First Instance has exclusive primary jurisdiction to handle class actions under the provisions of this Act.
In the Commonwealth of Puerto Rico, the protection of consumer goods and services is imbued by the greatest public interest. For that purpose, several laws have been created for the citizen who claims his rights upon a private provider's noncompliance. Act No. 118 of June 25, 1971, provides that consumers may file a class suit against providers of services and goods. We are referring to a suis generis process pursuant to this Act. The Statement of Motives of Act No. 118 makes clear the special usefulness it has for the protection of consumers against deceitful practices.
When a group is affected by a common situation and gets organized to claim its rights, the action or class suit is better than other available means for a fair and efficient adjudication of the controversy. Class suits, in general, are onerous and complicated, mainly for the plaintiff. The ultimate purpose of bringing a class suit is that the court with jurisdiction may adjudicate responsibilities. The fact of having to resort to administrative agencies makes class suits very onerous, which already are lengthy and complicated. To consolidate several consumer claims into one class suit is a
way to guarantee the rights of all consumers by means of a fair, effective and economical solution in the proceedings; fostering at the same time a sound and efficient administration of justice. See, Statement of Motives, Act No. 118, supra.
Act No. 118 grants exclusive jurisdiction to courts of first instance in class suits brought by consumers. Additionally, the courts are the only ones that can certify class suits.
However, on many occasions, the doctrines of primary jurisdiction and exhaustion of remedies have been wrongfully applied in claims brought by consumers. Put into practice, the procedural reality is that class suits have been dismissed based on not having exhausted all administrative remedies or for not applying the primary jurisdiction doctrine of the administrative agency. Therefore, the intent of Act No. 118, supra, of granting exclusive jurisdiction to the courts in those cases is disregarded. In this context, the expenses related to class suits and the extreme and onerous delay of said proceedings, in most situations, prevent the consumer from presenting any other action to claim his/her rights. This is not the reason for which our system of justice exists, but rather it is based upon the economy of the proceedings, the search for the truth and justice of the cases.
The Legislative Power has the duty to provide the citizens with a clear law, free from any ambiguity. The purpose of this measure is to clarify the intent of Act No. 118, supra, in such a way that no other interpretation may breach the rights of consumers.
Through this Act, this Legislature solidifies the cause of action provided by Act No. 118 by clarifying that the Court of First Instance has exclusive primary jurisdiction, this being a special cause of action based
upon the urgent interest of the Commonwealth of Puerto Rico in protecting consumers.
Section 1.- Section 3 of Act No. 118 of June 25, 1971, as amended, is hereby amended to read as follows: "Section 3.- The Court of First Instance shall have exclusive primary jurisdiction on class suits filed pursuant to this Act. Therefore, the court is hereby vested with authority to prevent, avoid, deter and punish any action to the prejudice of the consumers and/or independent merchants irrespectively of the amount involved, and during the proceeding before final judgment is rendered, the Court may enter such restrictive and prohibitive orders as it may deem fair and equitable pursuant to the act giving rise to the action. $[\ldots]$ " Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 269 (H.B. 2010) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 3 of Act No. 118 of June 25, 1971, in order to clarify that the Court of First Instance has exclusive primary jurisdiction to handle class actions under the provisions of this Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $6^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director
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