The Buenos Aires government denounced Netflix for “abusive clauses”

The Buenos Aires Government accused Netflix ex officio of including “abusive clauses” in its terms of use in violation of the Consumer Defense Law, as reported by the Ministry of Production, Science and Innovation Tecnológica.La Provincial Directorate for the Defense of the Rights of Consumers and Users under the Undersecretariat of Commercial Development and Investment Promotion detected the inclusion of abusive clauses incorporated in the terms and conditions According to the sources, when analyzing the “Netflix Terms of Use” that govern the contracting, it was found that the company, “through a complex and unclear wording, imposes on its users clauses that are presented abusive.” In turn, it was detected that the payments made by consumers “will not be refundable or credits will be granted in favor of the consumer in any case”, which for the Buenos Aires district “generates confusion and error in the user, and the false belief that nothing can claim once the contract has been made and the payment has been made, even in cases of breaches of the company, lack or defective provision of the service”. It was also perceived that an exoneration clause and / or limitation of liability is established: “Imposing on its users the waiver of future claims for the provision of the service and the damages that may be generated, declaring in advance that the Netflix service may present interruptions and errors and is offered under those conditions, without guarantees, which is also in violation of the legal duty of guarantee that all products and services have in accordance with the National Consumer Defense Law”. Another of the irregularities detected by the province was to “force its users to renounce the possibility of initiating claims collectively and / or to participate in collective actions of claim in defense of their rights.” Establish that the terms of use shall be governed by and construed in accordance with the Law of the State of Delaware (USA). That is, a user who is located in the province of Buenos Aires, which is governed by national and provincial regulations, who consumes the services in the territory of Buenos Aires, must be governed by the law of a North American State. In total violation of the provisions of the articles of the Civil and Commercial Code of the Nation, “it was indicated from Producción.De this way, the ministry stressed that the infractions that are imputed to it are included in “articles 4 and 37, subsection b) of Law 24,240, Resolution No. 53/2003 of the former Secretariat of Competition, Deregulation and Consumer Protection, Resolution No. 994/2021 of the SCI of the Nation and the Civil and Commercial Code of the Nation”. The company, which has already been notified, must adapt, modify and / or delete the clauses observed and has five working days and non-extendable to present its discharge, as reported.

Original source in Spanish

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