Welcome!

The Association of Consumers of Masaya (ACODEMA) was legally constituted in Masaya, Nicaragua, in the year 2000 as an exercise of one of the rights provided by the Nicaraguan Law of Consumer Defense passed in 1994: the right to form consumer associations.

The strength of consumers radiates from the fact that we are all consumers: the entire population performs acts of consumption every day. Therefore, the market depends on the decisions we each make when we buy something. But in order to be able to exercise our strength as consumers, we need to be organized and well acquainted with our Rights and the procedures we must follow to defend them. For this reason, ACODEMA´s slogan has been since the beginning:

Only with unity and organization can we successfully defend our consumer rights!

ACODEMA, in conjunction with the Association of Alternatives, is attempting to raise awareness about the Rights of consumers among the Nicaraguan population, and to find International solidarity and support through our English-language website.

We are attempting to transmit the importance of being organized in order to exert pressure on major enterprises, corporations and the State, in order to not only ensure that existing laws for consumer defense are applied, but also to strengthen and improve them.

On this page, you can look for specific information about ACODEMA, the rights of Nicaraguan consumers, explanations of Law 182: the Nicaraguan Law of Consumer defense, as well as information about how to make a claim against an enterprise that has violated a right(s) of the consumer by clicking on the links under the title ¨Content¨ on the right side of this page.

In addition, at the bottom of the page, there are links to websites where you can find more information about ACODEMA, consumer rights (and their violation) in Nicaragua, including statistics, photos, and more!

Overall, we hope that this website serves as a source of information about the Nicaraguan Law of Consumers, and as a vehicle to raise consciousness among the population of the great power that we have as consumers… all we need to do is use it!

Content:

Original Manual Design: Xavi Valls Olivé
Web Page Design: Virginia Rubey
Content: Neus Andreu

Sources:
Don Edicto y la Ley de Defensa del Consumidor, Edited by el Bufete Popular Boris Vega.

Derechos de las y los consumidores, published by el Centro Nicaraguense de Derechos Humanos.

This material can be reproduced entirely or parcially, on the condition that your objective is the maximum divulgation of its content, always and only when you cite the source.

Why We Do It

The existence of democracy in any country assumes, among many other things, that laws exist that recognize rights as well as obligations of all citizens. Beginning with the Constitution, which is the most important law of all, hundreds of other laws follow to protect citizens. In Nicaragua, there are hundreds of such laws.

One of the problems that make it difficult to apply all of these laws is that, many times, the population is unaware of, or not well acquainted with the rights and laws that exist for their well-being. For this reason, ACODEMA has created this website to contribute to Nicaraguan citizens´ knowledge about their consumer rights and to provide them with the tools and support to demand that their consumer rights are honored. We believe that this is one of the first steps for a strengthened democracy in Nicaragua because…

A right that one does not defend, is a right that one loses.

In order to defend them, one must know them well!

Why Consumer Defense Laws are Important

In the past, buying and selling products was much more basic than it is in the 21^st century. For example, food and tools that one would use could be attained directly from nature, and were not very elaborate. The consumption from that time consisted in goods such as vegetables, potatoes, rice, beans, fruit, wood… and also in some cases more elaborate goods such as those of artisans, which includes other basic goods like shoes, clothing, and cooking utensils.

Currently, consumption is made up of all of the products we´ve mentioned, as well as a plethora of other goods that require a very long process of production. Medications, electric appliances, canned foods, soda… these are products that are made in factories, using complicated manufacturing methods that we are not well acquainted with. Furthermore, consumption is not limited to goods, but also services such as electricity, water, telephone service, transportation… Clearly, consumption nowadays is much more complicated than it used to be. As we will see, this has caused very profound changes in the relationship between buyers and sellers.

Very basically, these are the differences between past consumption characteristics and current consumption characteristics:

In the Past:

• There were few products for the consumer to choose from.
• Products were quite basic.
• The seller of a product was the person who had produced the product.

That is to say: Consumers are well aware of what they are buying, and the risks of buying said product.

In the Present:

• There is a huge quantity of products to choose from; new products are constantly appearing, newer models of older products are constantly developed, etc.
• Products are developed through various, complicated manufacturing processes.
• In many cases, the person who sells a product is not the same person who produced that product. Goods pass through many hands before arriving in the hands of the consumer.

That is to say: Consumers are not well aware of what they are buying, and thus they are not well aware of the risks of buying said product.

If in the past consumers were perfectly aware of the products they were buying, their manufacturing processes, which ones were good and which ones were not so good, in the present day, it is practically impossible to have this information about a great deal of the products we consume! How do we know if a medication has expired? Or if an electric home appliance is well made? Or if it is dangerous to consume a particular product?

In the present day:

Consumers are in a position of misinformation or missing information, which puts them at a disadvantage, and makes them weak players compared to companies and corporations. Consumption today is more risky, and even dangerous, than more basic consumption in the past.

In order to rectify the inequality that exists between the consumer and the producer, the Rights of the Consumer was created to establish a series of rights for consumers, as well as obligations of the producer to protect the well-being of consumers.

In Nicaragua, in 1994, the National Assembly approved Law 182 for Consumer Defense. Five years later, in 1999, the regulation of the law actually permitted the application and enforcement of the law.

Inequality between the Nicaraguan consumer and the producer before 1994:

But with the approval of Law 182:

Law 182: Recognized Rights of the Consumer

According to the first article of Law 182: the Nicaraguan Consumer Defense Law (LDC), is ¨to guarantee consumers the best quality of goods and services, an atmosphere of respectful treatment in their commercial relations, and just and equal treatment by public and private enterprises whether individual or collective. Before we list the rights Law 182 recognizes, let us briefly go through what each of these clauses mean.

Consumer (art. 4 LDC): A consumer is ¨anyone who acquires, uses, or enjoys, as the final user, a good, product, or service of any nature.¨ That is to say, the person who buys something for their personal or home use, and even for their small business.
NOTE: Large enterprises that buy goods and services to include them as inputs in their production of other goods are not consumers!

Producer (art. 4 LDC): A producer is ¨any entity, of public or private character, that develops processes of production, manufacturing, importation, distribution or commercialization of goods, or the provision of services to consumers.

Goods: Any type of product that one finds on the market to be sold.

Services: Any activity that one finds on the market to be sold.

Quality: Quality assumes that the consumers feel satisfied with the good or service they have bought.

DDC (art. 4 RLDC): The Direction of the Defense of the Consumer is the ¨part of the Minister of Industrial and Commercial Promotion charged with overseeing and ensuring the rights established in Law 182 are enforced.¨

Law 182 Recognizes the Following Consumer Rights (art. 12):

1. Protection of the health and security of the consumer of goods and services.
2. Education for the consumer.
3. Information that is true, accessible, clear, and adequate with regard to the goods and services available on the market.
4. Good and equal treatment on the part of producers of goods and services.
5. Reparation that is integral, accessible, and adequate in case of any harm and suffering experienced by a consumer, if they are caused by the producer.
6. To demand the realization of promotions, sales and offers if the producer does not follow through with their word.
7. To associate with other consumers and create consumer groups.
8. To access the administrative or judicial entities that protect consumers´ rights and legitimate interests.
9. Adequate preservation of the environment that guarantees the conservation and development of natural resources.
10. To make claims to State institutions when there is negligence of public services and loans that have done direct harm to a consumer.
11. To be protected in regard to life, security and property when a consumer makes use of public overland transportation, water transportation, and air transportation. In the event that this right is not realized, the affected consumer must be compensated at the expense of the producer of these services.

In order to facilitate their explanation we have divided these rights into five sections:

1) The right to information: Consumers need to know what they are buying! Therefore, producers are required to give us sufficient information so that our purchase does not assume risks. In certain cases, this information is not necessary (for example if one is buying a broom), but in order cases, this information is fundamental to protect the security of a consumer who is buying, for example, medicine.

2) The right to education: In order to consume without risks and with necessary information, the population should be educated to this end. Therefore it is fundamental that Law 182: the Consumer Defense Law, should lead to the acquisition of new attitudes that favor its enforcement.

3) In order to protect the physical and economic security of consumers, the law recognizes the following rights:

• Protection of ones´ health and safety in the consumption of goods and services.

• Good and equal treatment.

• Reparation that is integral, accessible, and adequate in case of any harm and suffering experienced by a consumer, if they are caused by the producer.

• Adequate preservation of the environment that guarantees the conservation and development of natural resources.

• To be protected in regard to life, security and property when a consumer makes use of public overland transportation, water transportation, and air transportation. In the event that this right is not realized, the affected consumer must be compensated at the expense of the producer of these services.

4) All of these rights would be meaningless if the law did not also recognize the right of consumers to make claims against producers for their possible violations. Therefore, consumers also have the rights to:

• Access the administrative or judicial entities that protect consumers´ rights and legitimate interests.

• Make claims of negligence against the State for public services that have produced direct harm to the consumer.

5) Finally, the law recognizes another right, which seems to us the most important right of all since, if it is used in the right way, it can guarantee the fulfillment of all consumer rights: the right to form consumer associations. As always, the organization of civil society is a fundamental part of any social accomplishment we wish to pursue. United consumers have already pursued major goals in other parts of the world that would not have been possible to accomplish if consumers had worked individually.
Unión Fenosa, the sole distributor of electricity in Nicaragua, would not have gone back on their plan to raise rates for electric use if the Nicaraguan population had not protested by boycotting their electricity for two days. This kind of boycott means major losses for an enterprise. These kinds of actions raise the power of the consumer and are only possible when consumers are organized and work together. This is the only way we can accomplish real social changes!

Only United and Organized Can We Succeed in Defending Our Rights as Consumers!

Obligations of the Supplier, the State and the Consumer

The rights we have discussed so far imply that suppliers and the State have a series of obligations towards consumers. If suppliers, or the State do not follow through with these obligations we, the consumers, must demand their fulfilment. We’ll see in a moment how to do so, but for now, here’s an overview of the obligations that each party has.

To begin, we’ll go over and explain the obligations that suppliers have towards consumers. Thus, it is important to remember the consumer rights explained earlier, since the obligations of suppliers are derived from these rights. Keeping these rights in mind, the obligations and responsibilities of suppliers to consumers are:

a) Protection of health and safety in the consumption of goods and services (Arts. 29-37 RLDC): The most important obligation the supplier has is to guarantee that they are not selling products that will imply a health or safety risk to the consumer, save those that are naturally associated with such risks for (legal) consumption or enjoyment. For example, the sale of gunpowder is without a doubt dangerous, however it is not always prohibited and when not sold to minors, it is not punishable.

b) Information that is true, accessible, clear, and adequately enlightening about the goods and services that are available in the market (Arts. 13-20 LDC and Arts. 67-69 RLDC): Suppliers should be very clear about which products they are selling in order to give the consumer the opportunity to make a choice about which product they would like to buy. Here, Law 182 indicates the kind of information that should be available about each product, including its: composition, purpose, additives used, quantity, date of expiration, instructions for and indications for use, warnings, risks, and incompatibilities with other products. All of this information should be written in the dominant/official language of the country in which the product is being sold! Furthermore, the price should be indicated in the currency of the country in which it is being sold, in a clear and public manner. It should also not only include the value of what one is purchasing, but also all relevant taxes that the consumer is required to pay. Finally, it is very important to detach any tips from a price if it is not obligatory and which the consumer can decide of their own accord to pay if it seems pertinent to him or her.

c) Good and equal treatment on the part of suppliers of goods and services (Arts. 47 y 48 RLDC). Suppliers have the obligation to extend bills and receipts in the sale of goods and/or services, which will serve the consumer as proof of purchase in the case that he or she must make a claim against the supplier.

d) Integral, accessible, complete and appropriate reparation for any harm suffered by the consumer due to a fault of the supplier (Art. 27 LDC and Arts. 49-54 RLDC). The supplier cannot deceive the consumer into buying something due to false information. Suppliers are required to fulfil their promises whether they are special offers, promotions, sale or propaganda, and they may not sell used items under the pretence that they are new. Furthermore, consumers have the right to exchange a product or to return it for its monetary value when it is not the exact product described by the supplier, if it is expired, or if it is damaged by no fault of the consumer.

e) Honor the demands of the consumer if a vendor does not fulfil its obligations in the form of promotions and sales. When a supplier offers two products for the price of one, or whatever greater quantity of a good for the same price, or when they offer a rebate for a certain product, they are having a sale, or promotion. Many times these promises are not fulfilled and they simply serve to deceive consumers when they are buying something. The law permits us to demand the fulfilment of these promises.

f) The adequate preservation of the environment that guarantees its conservation and development and flourishing of its natural resources. Suppliers must respect the environment when they manufacture or distribute their products.

g) To protect consumers in relation to their life, safety, and security for ones´ goods when they use overland transportation services, sea travel or air travel. When suppliers do not follow through with these obligations, they are required to compensate those who were affected. In the case of transportation, suppliers are required to guarantee the consumer’s physical safety, and security for their belongings. In the case that this obligation is not fulfilled, the consumer has the right to make a claim against the supplier.

Obligations of the State

a) Education for the consumer (Art. 11 LDC and 45 RLDC). The State is charged with the obligation to sponsor campaigns and other educational activities about product quality, their uses and risks that some products present to one’s health. Furthermore, the State should coordinate with the Minister of Education in order to introduce an obligatory educational program that would teach consumers about their rights as stipulated in Law 182.

b) Ensure access to the administrative or judicial bodies that serve to protect the rights and legitimate interests of consumers. The State should facilitate a space where consumers can present their claims and obtain a response of the sort that is required as stipulated by Law 182. These spaces should be equipped with sufficient resources in order that the people are able to go through the protocol correctly and without hindrance.

Obligations of the Consumer

Although Law 182 for Consumer Defense does not specifically specify obligations of the consumer, certainly when a consumer makes a claim against a supplier there are certain conditions the consumer must have fulfilled in order to make their claim. They are the following:

a) Make all payment on time.

b) Use the goods and services we buy appropriately.

c) Comply with the established norms of any service provided.

How and Where to Make a Claim

Now that we know what our rights are as consumers, we should know how to defend them, which means knowing what to do when our consumer rights are violated.

The Claim

The tool that we use to defend our rights is called a claim, which is effectively a complaint that we present to suppliers, the legal administration, or a Judge. In these cases, a consumer's claim can be either oral or written (although we recommend written claims). The claim can be presented either personally, or through the vehicle of a Consumer Rights Association.

A claim must include the following information:

The name of the person making the claim

The address of the person making the claim

An overview of the case at hand

The right that has been violated

A clear explanation of what the person making the claim is demanding

Attach all documents that may serve as a proof of purchase

Sign each page of the claim

In the case that the claim is being made about utilities such as lights, water, or phone, the person filing the claim should include the customer number, and the account number or phone number, respectively.

What to do with it

The claim should be presented to the section of the suppliers´ office that corresponds with claims and customer service. Customer service is the body that receives and deals with consumer claims.

Protocol for Making a Claim

The General Process
In the general claims making process, one must make their claim to the supplier in less than fifteen days since the acquisition of the product or the reception of the service concerned.
If the response from the supplier is not satisfactory to the consumer, or the supplier does not provide a response within ten days of receiving the claim, the consumer has ten days more to present their claim to the Director of Consumer Defense (DDC), and if the DDC is not able to provide a response that is satisfactory to the consumer, the consumer still has the opportunity to go to the Ministry within two days of contacting the DDC.
This process is valid in all cases except in services such as lights, water, and phone services.

Date of acquisition of the product or reception of the bill
------in less than 15 days--->
The consumer should contact the supplier
------in less than 10 days--->
The consumer should contact the Director of Consumer Defense
------in less than 2 days--->
The consumer should contact the Ministry

Processes for Filing Claims for Energy, Water, and Phone
In the case of energy, water, and phone services, the protocol that one must follow is a bit more complicated than the protocol we explained above. In these cases the suppliers have more than one chance to respond to the claim before the consumer can contact the Director of Consumer Defense, and in order to do so the consumer must first go through the appropriate regulating entity.
Note: We are not required to pay bills for goods or services on which we have claims; nor is it permitted for a utility company to cut our service while we are in the process of presenting a claim… THESE RULES ALWAYS APPLY.

Energy Bill Claims
What should we do when a light bill arrives and it is more expensive than usual, or there is something that appears to be out of the ordinary?
1. Make sure you do not have any unpaid bills with the energy company, since we can only present claims about a bill if we are caught up on all our payments.
2. Look at the date on the bill. From this date, the consumer has thirty days to present their claim (although it is better to do so within fifteen days).
Note: If one is presenting a claim due to harm or damages incurred by the consumer, we only have 72 hours after the harm or damages were incurred to present the claim!
3. After you have taken the above-mentioned steps, present the claim to the utility company that issued you the bill.
4. If the company does not respond to you within five working days, the consumer should present their claim for a second time to the utility company concerned.
5. If after five working days from the date of the second claim the consumer still has not received a response from the utility company, or their response is not satisfactory to the consumer who filed the claim, the consumer should report their claim within ten working days from filing the second claim with the utility company, to the Nicaraguan Institute of Energy (INE), which is the regulating entity.
Note: This entity gives us a grace period that ensures our utility service will not be cut while the claim is being processed!
6. In the case that the resolution offered by the INE is not satisfactory to the consumer, the consumer has 10 working days to present their claim to the Director of Consumer Defense. If the response of the DDC is not satisfactory to the consumer, we can contact the Ministry within two working days following the reception of the resolution offered by the DDC.

Date of reception of the utility bill
------in less than 15 days--->
The consumer should contact the supplier for the first time
------in less than 5 days--->
The consumer should contact the supplier for the second time
------in less than 10 days--->
The consumer should contact the regulating entity (INE)
------in less than 10 days--->
The consumer should contact the Director of Consumer Defense
------in less than 2 days--->
The consumer should contact the Ministry

Water Bill Claims
What should we do when a water bill arrives and it is more expensive than usual, or there is something that appears to be out of the ordinary?
1. Make sure you do not have any unpaid bills with the energy company, since we can only present claims about a bill if we are caught up on all our payments.
2. Look at the date on the bill. From this date, the consumer has thirty days to present their claim.
3. After you have taken the above-mentioned steps, present the claim for the first and only time to the utility company that issued you the bill.
4. If the company does not respond to you within fifteen working days, or the response is not satisfactory to the consumer, the consumer should present their claim to the regulating entity of water service providers within ten days from having received the proposed resolution from the water utility company. In Nicaragua, this regulating entity is the Nicaraguan Institute of Aqueducts and Sewage Systems (INAA).
Note: This entity gives us a grace period that ensures our utility service will not be cut while the claim is being processed!
5. In the case that the resolution offered by the INE is not satisfactory to the consumer, the consumer has 10 working days to present their claim to the Director of Consumer Defense.
6. If the response of the DDC is not satisfactory to the consumer, we can contact the Ministry within two working days following the reception of the resolution offered by the DDC.

Date of reception of the utility bill
------in less than 30 days--->
The consumer should contact the supplier for the first and only time
------in less than 10 days--->
The consumer should contact the regulating entity (INAA)
------in less than 10 days--->
The consumer should contact the Director of Consumer Defense
------in less than 2 days--->
The consumer should contact the Ministry

Phone Bill Claims
What should we do when a phone bill arrives and it is more expensive than usual, or there is something that appears to be out of the ordinary?
1. Make sure you do not have any unpaid bills with the energy company, since we can only present claims about a bill if we are caught up on all our payments.
2. Look at the date on the bill. From this date, the consumer has thirty days to present their claim.
3. After you have taken the above-mentioned steps, present the claim for the first and only time to the utility company that issued you the bill.
4. If the company does not respond to you within fifteen working days, or the response is not satisfactory to the consumer, the consumer should present their claim to the regulating entity of phone service providers within thirty days from having received the proposed resolution from the phone utility company. In Nicaragua, this regulating entity is the Nicaraguan Institute of Telecommunications and Mail (TELCOR).
Note: This entity gives us a grace period that ensures our utility service will not be cut while the claim is being processed!
5. In the case that the resolution offered by the INE is not satisfactory to the consumer, the consumer has 10 working days to present their claim to the Director of Consumer Defense.
6. If the response of the DDC is not satisfactory to the consumer, we can contact the Ministry within two working days following the reception of the resolution offered by the DDC.

Date of reception of the utility bill
------in less than 30 days--->
The consumer should contact the supplier for the first and only time
------in less than 30 days--->
The consumer should contact the regulating entity (TELCOR)
------in less than 10 days--->
The consumer should contact the Director of Consumer Defense
------in less than 2 days--->
The consumer should contact the Ministry

About Consumer Rights Associations

Although it is extremely important to know and understand the rights discussed on this web page, it is also good to take account of the fact that many associations for consumer defense already exist in Nicaragua, and have for some years. These associations serve the population specifically to orient consumers with their rights, and to give them support in making sure these rights are honored.

Currently in Nicaragua, some legally constituted consumer rights organizations include: The Association of Consumers of Masaya (ACODEMA), The Association of Consumers of Léon (ADECONLE), the Association of Consumers of Granada (ACUGRA) and the League of Consumers of Nicaragua (LIDECONIC).

We think that it is important for consumers to have knowledge of the existence of these associations, and that they make use of these resources in the event that they need help.

As we have indicated, the organization of civil society is fundamental in order to achieve a higher level of social justice. For this reason, we are committed to the world of associations, which is the first step in the struggle for the people's rights. It is for this reason that, from its beginning, ACODEMA has adopted this slogan:

Only with unity and organization can we successfully defend our consumer rights!

Solidarity: How YOU Can Help

We hope this site has served as an informational source about consumers, consumer rights, and consumer struggles in Nicaragua, and as an inspirational source to get involved and support us! There are more than a few ways you can offer ACODEMA and Nicaraguan consumers your solidarity and support:

• Spread the word! Tell your friends about our website!
  

• Write an article about us! The more people know about us, the more likely they are to get involved, offer their solidarity and support! Have questions? If you speak Spanish, e-mail us directly at rogerlacayo_acodema@hotmail.com If you don´t, e-mail our U.S. contact at vrubey@gmail.com

• Come to Masaya and volunteer for us! Volunteers must speak at least basic Spanish. If you´re interested in coming to Nicaragua to volunteer for ACODEMA, please e-mail ACODEMA´s director, Rogér Lacayo, at rogerlacayo_acodema@hotmail.com with a brief letter of interest and your resumé (in Spanish!)

• Include us in your network of consumer rights organizations and activists!

• Click on the links at the bottom of the page to learn more about consumer rights and obstacles in Nicaragua!

• Contribute!