How to settle consumer disputes without going to court

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1. The law incorporates into Spanish law the European Directive on alternative resolution of consumer disputes, that is, mechanisms to settle conflicts between consumers and businesses without going to court.
2. Entities that handle these disputes may voluntarily request official accreditation. To get it they must be established in Spain and meet quality requirements: independence, impartiality, transparency and speed.
3. The procedures must be free for consumers and resolved within a maximum of 90 calendar days from when the complaint is complete, extendable only if the dispute is very complex.
4. Accredited entities are included in a national list drawn up by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition, which is sent to the European Commission. If an entity stops meeting the requirements, it is removed from the list.
5. All businesses must inform consumers about accredited entities, on their website and in contract terms. If they do not, they commit a serious offense subject to penalties.
6. Special rules apply to the financial sector and air transport, with their own competent authorities, and consumer arbitration is adapted to the new 90-day maximum deadline.

Who it affects

• Consumers: They can settle complaints against businesses for free, simply and within a maximum of 90 days, without going to court.
• Businesses: They must inform about accredited entities on their websites and contracts, or face penalties for a serious offense.
• Alternative dispute resolution entities: They may voluntarily request official accreditation and must meet requirements and obligations; otherwise they are removed from the list.
• Financial institutions and airlines: Specific dispute resolution systems with their own competent authorities are set up for them.

Words worth knowing

Resolución alternativa de litigios (alternative dispute resolution)

Ways to settle a conflict without going to court, such as mediation or arbitration.

Entidad de resolución alternativa (alternative dispute resolution entity)

A public or private body that helps resolve the conflict between consumer and business.

Acreditación (accreditation)

Official authorization given to an entity when it proves it meets the quality requirements of the law.

Litigio transfronterizo (cross-border dispute)

A conflict where the consumer lives in an EU country different from the business's.

Resultado vinculante (binding outcome)

A decision the parties must comply with, even though it does not come from a judge.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries