translated from Spanish: Sernac sends warning to supermarkets following complaints of mistreatment of guards

Sernac sent a warning letter to the country’s supermarket industry to learn in detail about its security policies, after becoming aware of some cases where the guards allegedly violated the dignity of consumers.
In fact, during the year 2020, the service received 800 complaints related to mistreatment by security guards, while this year they already total about 340 cases.
The aim of the trade is to impress on supermarket chains the rights that consumers have and the limits of the safety policies that companies can employ.
The director of Sernac, Lucas Del Villar, emphasized that “although it is legitimate for companies to take care of their business, in no case can they take measures that violate the rights and dignity of consumers. Companies’ safety policies must ensure dignified, appropriate and respectful treatment for consumers.”
The state agency made this decision after learning of a couple of incidents that occurred inside the premises of the Tottus chain in the Metropolitan Region, which is why it summoned the representatives of this company to know in detail the version of the company and the measures to be adopted to prevent them from occurring in the future. According to the background of the audit, SERNAC will analyze the corresponding actions.
The Consumer Law states that in the event that guards or surveillance personnel surprise a person by committing a crime, they are only authorized to place them at the disposal of the competent authorities, such as the Carabineros or Investigations. Nor may dependents carry out humiliating acts or arrests, beat, insult, or search the person against his or her will.
It is important to remember that the Zamudio Law, in force since 2012, strengthened and complemented the Consumer Law because, for example, it clearly defines what is meant by “arbitrary discrimination”, providing clearer guidelines in case of going to court.
The Director of Sernac also stressed that, although the security service is provided by an external company, supermarkets must ensure that the Law is respected “and the expected thing is that they are pending compliance with the protocols, with respect for the rights of consumers.”
Del Villar adds that, in the context of the pandemic, security policies have had to be adapted to health protocols and the requirements established by the authority in this regard, such as not allowing entry to people who do not have the respective permits. While these measures are important to safeguard people’s health, they must also be implemented with respect for the dignity of consumers, the authority said.
Consumers who are unjustly accused of wrongdoing must demand the presence of the authority in order to initiate the procedure that can determine whether or not the crime existed.
In addition, in case of mistreatment, discrimination or being falsely accused of theft, companies risk fines of up to 300 UTM, that is, about $ 15 million 600 thousand for each infraction, in addition to the compensation that the court determines in favor of the affected consumer.
The Service will be monitoring compliance with the Law in this and other matters.

Original source in Spanish