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State2009 Statute Number 2009 Statute Language2010 Statute Number2010 Statute Language

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Puerto Rico10 Laws P.R. Ann. § 4031. Definitions.

(1) Consumer Any natural person to whom a good or service is offered by means of telemarketing, and who acquires the same as final recipient, authorizing the payment for such good or service by means of direct discount from a checking or savings account, or a credit card.

(2) Express and verifiable authorization An authorization written by the consumer, which includes the signature of the consumer, authorizing a telephone solicitor to obtain a payment from a checking or savings account, or credit card.

(3) Goods or services Any tangible or intangible good, or any type of service offered to a person.

(4) Prize promotion Any type of game of chance or any oral or written representation stating that a specific person has won, been selected, or is eligible to receive a specific prize.

(5) Salesperson Any person who, by means of a telephone transaction, solicits funds or contributions, provides, offers or coordinates for others the providing of goods or services to a consumer in exchange for some type of remuneration.

(6) Telemarketing A plan, program or campaign conducted to introduce the purchase of goods and services by means of one or more telephones, and that involves more than one telephone call.

(7) Telephone solicitor Any person, business or company that, by means of telemarketing, initiates or receives telephone calls, or a call from a specific consumer, in which one of the parties is located in the Commonwealth of Puerto Rico.
10 Laws P.R. Ann. § 4031. Definitions.

(1) Consumer Any natural person to whom a good or service is offered by means of telemarketing, and who acquires the same as final recipient, authorizing the payment for such good or service by means of direct discount from a checking or savings account, or a credit card.

(2) Express and verifiable authorization An authorization written by the consumer, which includes the signature of the consumer, authorizing a telephone solicitor to obtain a payment from a checking or savings account, or credit card.

(3) Goods or services Any tangible or intangible good, or any type of service offered to a person.

(4) Prize promotion Any type of game of chance or any oral or written representation stating that a specific person has won, been selected, or is eligible to receive a specific prize.

(5) Salesperson Any person who, by means of a telephone transaction, solicits funds or contributions, provides, offers or coordinates for others the providing of goods or services to a consumer in exchange for some type of remuneration.

(6) Telemarketing A plan, program or campaign conducted to introduce the purchase of goods and services by means of one or more telephones, and that involves more than one telephone call.

(7) Telephone solicitor Any person, business or company that, by means of telemarketing, initiates or receives telephone calls, or a call from a specific consumer, in which one of the parties is located in the Commonwealth of Puerto Rico.

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10 Laws P.R. Ann. § 4032. Prohibited practices.The following shall be considered to be prohibited or deceitful practices by any salesperson or telephone solicitor:

(1) Failure to state at the beginning of the call and prior to requiring any payment:

(a) The true purpose of the telephone call.

(b) The real name of the company or entity initiating the telephone call.

(c) The goods or services being offered.

(2) Failure to communicate clearly and in detail the following information:

(a) The total cost for the consumer of the sale of the goods to be received.

(b) Any restriction, limitation or condition on the purchase or use of the goods subject of the sale.

(c) Any term or condition on the cancellation, return or exchange policy of the seller.

(d) Any cost or condition related to the granting of prizes, including the probabilities of winning the prize, and the nature and value of the prize.

(e) The exact amount of any offer.

(3) Failure to correctly inform [sic] the quality and basic characteristics of the goods or services being offered.

(4) Falsely announcing that the product or company in question has the endorsement of any government entity or agency.

(5) Requiring or submitting any charge to the bank account or credit card of a consumer without being authorized to do so by the consumer.
10 Laws P.R. Ann. § 4032. Prohibited practices.The following shall be considered to be prohibited or deceitful practices by any salesperson or telephone solicitor:

(1) Failure to state at the beginning of the call and prior to requiring any payment:

(a) The true purpose of the telephone call.

(b) The real name of the company or entity initiating the telephone call.

(c) The goods or services being offered.

(2) Failure to communicate clearly and in detail the following information:

(a) The total cost for the consumer of the sale of the goods to be received.

(b) Any restriction, limitation or condition on the purchase or use of the goods subject of the sale.

(c) Any term or condition on the cancellation, return or exchange policy of the seller.

(d) Any cost or condition related to the granting of prizes, including the probabilities of winning the prize, and the nature and value of the prize.

(e) The exact amount of any offer.

(3) Failure to correctly inform [sic] the quality and basic characteristics of the goods or services being offered.

(4) Falsely announcing that the product or company in question has the endorsement of any government entity or agency.

(5) Requiring or submitting any charge to the bank account or credit card of a consumer without being authorized to do so by the consumer.

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10 Laws P.R. Ann. § 4033. Abusive or prohibited practices.

It shall be considered abusive and prohibited practice in telemarketing when any salesperson or telephone solicitor incurs in the following behaviors:

(1) Threatens or intimidates the consumer, as well as the using [of] obscene and profane language.

(2) Solicits any type of incentive for removing negative information from the credit history of a specific person.

(3) Causes the telephone to ring more than five times on a call whose intention is telephone solicitation.

(4) Initiates a telephone solicitation with a person when it has been reiterated previously that telephone solicitation calls from that specific salesperson are not wanted.

(5) Makes a telephone solicitation call to a residenc
10 Laws P.R. Ann. § 4033. Abusive or prohibited practices.

It shall be considered abusive and prohibited practice in telemarketing when any salesperson or telephone solicitor incurs in the following behaviors:

(1) Threatens or intimidates the consumer, as well as the using [of] obscene and profane language.

(2) Solicits any type of incentive for removing negative information from the credit history of a specific person.

(3) Causes the telephone to ring more than five times on a call whose intention is telephone solicitation.

(4) Initiates a telephone solicitation with a person when it has been reiterated previously that telephone solicitation calls from that specific salesperson are not wanted.

(5) Makes a telephone solicitation call to a residenc

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10 Laws P.R. Ann. § 4034. Registry policy - Generally.

All telephone solicitors shall maintain an exact registry of all telemarketing activities performed that are geared to consumers in the Commonwealth of Puerto Rico. Said registries shall be accessible to the Department of Consumer Affairs (DACO, in Spanish). Said registries shall be kept for a period of five (5) years from the beginning of any telephone call made to or received in the Commonwealth of Puerto Rico. Said registries shall include, as a minimum, the following information:

(a) The location of any telephone solicitor and the exact address of the different locations from which the calls originate.

(b) Copies of the script or presentation of a specific product, which the salesperson must use during the telephone call to sell same.

(c) Copies of all written authorizations of telemarketing transactions provided by the consumers.

(d) The complete name and address of all the persons who have expressed that they do not wish to receive telephone solicitations and the date on which they made such notification.

(e) Copy of the cancellation, reimbursement or return policy for any good or product offered by the telephone solicitor.

(f) Materials that justify any claim regarding the performance, efficiency, nature or features of the goods or services subject of a telephone solicitation.

(g) Any written consent for the use of the names of persons or organizations that endorse the product to be sold.
10 Laws P.R. Ann. § 4034. Registry policy - Generally.

All telephone solicitors shall maintain an exact registry of all telemarketing activities performed that are geared to consumers in the Commonwealth of Puerto Rico. Said registries shall be accessible to the Department of Consumer Affairs (DACO, in Spanish). Said registries shall be kept for a period of five (5) years from the beginning of any telephone call made to or received in the Commonwealth of Puerto Rico. Said registries shall include, as a minimum, the following information:

(a) The location of any telephone solicitor and the exact address of the different locations from which the calls originate.

(b) Copies of the script or presentation of a specific product, which the salesperson must use during the telephone call to sell same.

(c) Copies of all written authorizations of telemarketing transactions provided by the consumers.

(d) The complete name and address of all the persons who have expressed that they do not wish to receive telephone solicitations and the date on which they made such notification.

(e) Copy of the cancellation, reimbursement or return policy for any good or product offered by the telephone solicitor.

(f) Materials that justify any claim regarding the performance, efficiency, nature or features of the goods or services subject of a telephone solicitation.

(g) Any written consent for the use of the names of persons or organizations that endorse the product to be sold.

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10 Laws P.R. Ann. § 4035. Registry policy - Exemptions.

The registry policy requirements shall not apply to the following:

(a) A person making telephone calls to the home of a citizen with the sole purpose of conducting a survey or to request the expression of ideas and opinions, or for political or religious reasons.

(b) A securities broker or investment consultant who is duly registered in the Commonwealth of Puerto Rico as a securities broker, provided the purpose of the call is to sell this type of securities.

(c) A financial institution authorized to accept deposits which are insured by the Federal Deposit Insurance Corporation or the Shares and Deposits Insurance Corporation for Cooperative Savings and Credit Unions (PROSAD, in Spanish), in the case of cooperative savings and credit unions located in the Commonwealth of Puerto Rico.

(d) An insurance company or other organization authorized to do business in the Commonwealth of Puerto Rico by the Insurance Commissioner.

(e) A college or university institution, duly approved by the Council on Higher Education of the Commonwealth of Puerto Rico and the United States Department of Education.

(f) Person or entity that publishes a catalogue with a minimum of 15 pages three times per year, and with a minimum circulation of at least 100,000 catalogues, clearly stating prices, shipping and handling costs, and other charges.

(g) An instrumentality of the Government of the United States, any state, or the Commonwealth of Puerto Rico itself.

(h) A duly licensed real estate broker, when the telephone call is only to exercise the duties for which same is duly licensed.

(i) Any travel agency that is duly registered in the Department of State of the Commonwealth of Puerto Rico when the purpose of the call is to sell travel offers.
10 Laws P.R. Ann. § 4035. Registry policy - Exemptions.

The registry policy requirements shall not apply to the following:

(a) A person making telephone calls to the home of a citizen with the sole purpose of conducting a survey or to request the expression of ideas and opinions, or for political or religious reasons.

(b) A securities broker or investment consultant who is duly registered in the Commonwealth of Puerto Rico as a securities broker, provided the purpose of the call is to sell this type of securities.

(c) A financial institution authorized to accept deposits which are insured by the Federal Deposit Insurance Corporation or the Shares and Deposits Insurance Corporation for Cooperative Savings and Credit Unions (PROSAD, in Spanish), in the case of cooperative savings and credit unions located in the Commonwealth of Puerto Rico.

(d) An insurance company or other organization authorized to do business in the Commonwealth of Puerto Rico by the Insurance Commissioner.

(e) A college or university institution, duly approved by the Council on Higher Education of the Commonwealth of Puerto Rico and the United States Department of Education.

(f) Person or entity that publishes a catalogue with a minimum of 15 pages three times per year, and with a minimum circulation of at least 100,000 catalogues, clearly stating prices, shipping and handling costs, and other charges.

(g) An instrumentality of the Government of the United States, any state, or the Commonwealth of Puerto Rico itself.

(h) A duly licensed real estate broker, when the telephone call is only to exercise the duties for which same is duly licensed.

(i) Any travel agency that is duly registered in the Department of State of the Commonwealth of Puerto Rico when the purpose of the call is to sell travel offers.

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10 Laws P.R. Ann. § 4036. Annulment of agreements.
Any contract or agreement made as a result of a telemarketing agreement that violates any section of this chapter may be annulled by the consumer at any time without the imposition of any type of debt, nor affecting the consumer's credit history. 10 Laws P.R. Ann. § 4036. Annulment of agreements.
Any contract or agreement made as a result of a telemarketing agreement that violates any section of this chapter may be annulled by the consumer at any time without the imposition of any type of debt, nor affecting the consumer's credit history.

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10 Laws P.R. Ann. § 4037. Penalties.

Any business or company, salesperson or telephone solicitor who violates this chapter shall incur in a misdemeanor, and if convicted, shall be imposed a fine of not less than five hundred (500) dollars, nor more than five thousand (5,000) dollars, and/or a jail term of not more than six (6) months, as established by the court deems fit.

The Department of Consumer Affairs (DACO) shall be empowered to set forth the regulations to enforce this chapter and to oversee compliance with this chapter by the persons, companies or businesses regulated by this chapter.
10 Laws P.R. Ann. § 4037. Penalties.

Any business or company, salesperson or telephone solicitor who violates this chapter shall incur in a misdemeanor, and if convicted, shall be imposed a fine of not less than five hundred (500) dollars, nor more than five thousand (5,000) dollars, and/or a jail term of not more than six (6) months, as established by the court deems fit.

The Department of Consumer Affairs (DACO) shall be empowered to set forth the regulations to enforce this chapter and to oversee compliance with this chapter by the persons, companies or businesses regulated by this chapter.

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10 Laws P.R. Ann. § 11. Prohibition on surcharge for credit card use.

No merchant shall impose a surcharge on a consumer who chooses to use a credit card instead of cash, check or any similar means of payment in any transaction that involves the sale or lease of products and services. 10 Laws P.R. Ann. § 11. Prohibition on surcharge for credit card use.

No merchant shall impose a surcharge on a consumer who chooses to use a credit card instead of cash, check or any similar means of payment in any transaction that involves the sale or lease of products and services.

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10 Laws P.R. Ann. § 12. Discounts.

The merchant may, however, offer discounts so as to promote payment in cash, check or any other similar method that does not involve the use of a credit card, provided that said discount is offered to all potential buyers. 10 Laws P.R. Ann. § 12. Discounts.

The merchant may, however, offer discounts so as to promote payment in cash, check or any other similar method that does not involve the use of a credit card, provided that said discount is offered to all potential buyers.

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10 L.P.R.A. § 13. Definition.

For the purposes of this chapter, the term "surcharge" means any increase in the regular price of a product or service imposed on the client by the merchant or lessor when using a credit card as a method of payment. 10 L.P.R.A. § 13. Definition.

For the purposes of this chapter, the term "surcharge" means any increase in the regular price of a product or service imposed on the client by the merchant or lessor when using a credit card as a method of payment.

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24 Laws P.R. Ann. § 729. Food, drug and cosmetic law— False advertising.(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia and venereal disease, shall also be deemed to be false; Provided, That no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it circulates only among members of the medical, dental or veterinary professions, or appears only in the scientific periodicals of these professions, or circulates only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; Provided, further, That whenever the Secretary determines that by virtue of the advance in medical science any type of self-medication has been found for any of the diseases named above, he shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the said official may deem necessary in the interests of public health; Provided, further, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
24 Laws P.R. Ann. § 729. Food, drug and cosmetic law— False advertising.(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia and venereal disease, shall also be deemed to be false; Provided, That no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it circulates only among members of the medical, dental or veterinary professions, or appears only in the scientific periodicals of these professions, or circulates only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; Provided, further, That whenever the Secretary determines that by virtue of the advance in medical science any type of self-medication has been found for any of the diseases named above, he shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the said official may deem necessary in the interests of public health; Provided, further, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.

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23 Laws P.R. Ann. § 8012. Sale of false artisanry.Every person who falsely identifies, advertises, displays, distributes, donates, gives, offers and sells, or who induces or has another person identify, advertise, display, distribute, donate, give, offer, or sell foreign products, articles, goods or artisanry works as if they were Puerto Rican artisanry, knowing that they were not, shall incur a misdemeanor and upon conviction, shall be sanctioned with a fine of up to five hundred dollars ($500). In addition, he or she shall be imposed the penalty of performing community services.
23 Laws P.R. Ann. § 8012. Sale of false artisanry.Every person who falsely identifies, advertises, displays, distributes, donates, gives, offers and sells, or who induces or has another person identify, advertise, display, distribute, donate, give, offer, or sell foreign products, articles, goods or artisanry works as if they were Puerto Rican artisanry, knowing that they were not, shall incur a misdemeanor and upon conviction, shall be sanctioned with a fine of up to five hundred dollars ($500). In addition, he or she shall be imposed the penalty of performing community services.

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23 Laws P.R. Ann. § 1005. Powers.he Consumers Service Administration shall have the following powers:
(a) Approve, amend or revoke those rules, regulations, orders and determinations necessary to the compliance of this chapter. The rules and regulations not of an internal character shall be promulgated in accordance with the provisions of §§ 2101 et seq. of Title 3. For the adoption of the rules and regulations not of internal character, the Director shall hold public hearings after publishing a notice in at least one (1) of the newspapers of greatest circulation in Puerto Rico, indicating the date, place and nature of said hearing. The publication shall be made at least five (5) days in advance of the hearing or audience.
(b) File any necessary legal remedy to fulfill the purposes of this chapter and to enforce the rules, regulations, orders and determinations of the Administration.
(c) Appear for and in representation of the consumers before any court, board, committee, administrative organization, department, office or agency of the Commonwealth, in any hearing, proceeding or matter that affects or may affect the interest of the consumer in general, or groups of consumers, or of any other particular consumer.
(d) Upon previous notice and hearings impose administrative fines for violations of the rules, regulations and orders approved or prescribed by the Administration in accordance with this chapter. Said fines shall not be less than twenty-five dollars ($25) or more than one thousand dollars ($1,000).
(e) The Director may enter into contracts or agreements with public or private institutions for carrying out investigations, proofs, examinations or analysis of products, articles or service as well as to carry out publicity campaigns.
(f) Perform all those other necessary and convenient reasonable acts for the most efficient achievement of the purposes of this chapter, including the holding of public and administrative hearings.
(g) To resolve and adjudge the complaints presented by the consumers of goods and services acquired or received from the private sector of the economy entailing any unfair or deceitful act or practice including, but without it being limited, to the unfulfillment of an offer, warranty or service, or the publication of false or deceitful advertisements.
23 Laws P.R. Ann. § 1005. Powers.he Consumers Service Administration shall have the following powers:
(a) Approve, amend or revoke those rules, regulations, orders and determinations necessary to the compliance of this chapter. The rules and regulations not of an internal character shall be promulgated in accordance with the provisions of §§ 2101 et seq. of Title 3. For the adoption of the rules and regulations not of internal character, the Director shall hold public hearings after publishing a notice in at least one (1) of the newspapers of greatest circulation in Puerto Rico, indicating the date, place and nature of said hearing. The publication shall be made at least five (5) days in advance of the hearing or audience.
(b) File any necessary legal remedy to fulfill the purposes of this chapter and to enforce the rules, regulations, orders and determinations of the Administration.
(c) Appear for and in representation of the consumers before any court, board, committee, administrative organization, department, office or agency of the Commonwealth, in any hearing, proceeding or matter that affects or may affect the interest of the consumer in general, or groups of consumers, or of any other particular consumer.
(d) Upon previous notice and hearings impose administrative fines for violations of the rules, regulations and orders approved or prescribed by the Administration in accordance with this chapter. Said fines shall not be less than twenty-five dollars ($25) or more than one thousand dollars ($1,000).
(e) The Director may enter into contracts or agreements with public or private institutions for carrying out investigations, proofs, examinations or analysis of products, articles or service as well as to carry out publicity campaigns.
(f) Perform all those other necessary and convenient reasonable acts for the most efficient achievement of the purposes of this chapter, including the holding of public and administrative hearings.
(g) To resolve and adjudge the complaints presented by the consumers of goods and services acquired or received from the private sector of the economy entailing any unfair or deceitful act or practice including, but without it being limited, to the unfulfillment of an offer, warranty or service, or the publication of false or deceitful advertisements.

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23 Laws P.R. Ann. § 1014Every type or kind of act, practice, advertisement or publicity is hereby prohibited which constitutes or tends to constitute fraud or deceit, where the article, product or service is falsely represented or which creates in the consumer an image or erroneous impression on the brand, price, amount, size, quality, grade, salubrity or any other characteristics of the product, article or service.23 Laws P.R. Ann. § 1014Every type or kind of act, practice, advertisement or publicity is hereby prohibited which constitutes or tends to constitute fraud or deceit, where the article, product or service is falsely represented or which creates in the consumer an image or erroneous impression on the brand, price, amount, size, quality, grade, salubrity or any other characteristics of the product, article or service.

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23 Laws P.R. Ann. § 1015. Penalties.

Any violation of the provisions of this chapter or of the provisions contained in the rules and regulations promulgated thereunder, or of the orders and resolutions issued by the Director, shall constitute a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both penalties at the discretion of the court. 23 Laws P.R. Ann. § 1015. Penalties.

Any violation of the provisions of this chapter or of the provisions contained in the rules and regulations promulgated thereunder, or of the orders and resolutions issued by the Director, shall constitute a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both penalties at the discretion of the court.