His phone rang and when he answered a male voice offered him dental insurance. Ricardo said no. Months later he received a deposit of $ 360 and when he withdrew he only had $ 348. In his bank he was informed that he was charged $ 12 for that dental insurance and that he owed three months ($ 4 each month), but that the entity did not respond for iyt and told him to go to the insurer GEA.
There he complained and was told that he accepted the service and that they had the recording. Then he asked to listen to it:
Are you Ricardo …?
Yes, it was the only acceptance, in the rest of the conversation it always indicated that he did not want any insurance. Given the clarity of the refusal, the director of the company acknowledged the error and returned the money.
Similar cases came to light these days after the report made by a live journalist during his program. Some just notice these discounts from insurance companies or offer trips, accommodations … Others already take precautions against persistent calls to sell a product or service: install applications on the cell phone to record those calls or hang up.
But is it legal to make contracts via telephone?
Elizabeth Arroyo, the client’s ex-financial advisor, says that the verbal contract is accepted in the Consumer Defense Law. However, ask the client to be careful with what they accept and companies that do not try to make up the costs. Consider that banks should give information about collections even if they are not directly related to them.
María de Lourdes Muñoz, deputy director of Citizen Attention and Education at the Superintendency of Banks, explains that the client’s contracts with insurers are no longer under the supervision of that entity, but rather that of the Companies. The banks would be intermediaries. And it indicates that the entity does not have a list of charges that can be made or others that do not. The rule is that banks inform their clients of the costs of everything they will pay. Ensures that any verbal contract is valid if it has the express acceptance of the client.
Of the claims received by the Superintendency, 70% are favorable for customers.
Another discomfort is for the insurance of relief. Mariana Realpe reported that in certain entities that said they did not charge extra costs for the cards, now they indicate that this insurance is mandatory. But others give the option to deactivate the insurance. She asked that they not charge her this insurance, however, then it was registered in the account statement, she said that when she was asked to send it to Nova Seguros, and that she could withdraw the insurance and even return everything paid previously. According to the Superintendency of Banks, this insurance is not mandatory for cards, although it is mandatory for mortgages.
Answers from GEA
What services does GEA offer from Ecuador and to whom?
It is a company that coordinates assistance services, such as vehicle trailers, technical home services, among others. It started its operations since 2003.
What regulations are covered to make calls and that without a signature in between can be considered acceptance of a client?
The Consumer Defense Law recognizes several types of sales, such as by telephone, mail, catalog, television, internet or at home (Articles 2 and 45). For that type of sales to be executed there must be an express acceptance by the client, which must be verifiable.
Could it happen that the recording of a call are altered?
No. In the sales process applied by Gea Ecuador S.A. The benefits and the price of the service are clearly explained to the interested parties. These sales are always recorded and backed up when the customer gives his express acceptance of contracting the service. These are again evaluated by our Audit Department that controls and validates the customer’s acceptance of the assistance service.
If there is a claim. What should a client who feels affected do?
Each assistance service has a telephone number to coordinate your service, request information or terminate the service. (I)