Abusive clauses are provisions or terms included in a contract that grant the seller, lender, or supplier a disproportionate advantage at the expense of the consumer. These clauses are considered illegal and non-binding, as they violate the rights and guarantees granted to consumers by the law.
"These clauses can be found in different types of contracts, such as loan agreements, insurance contracts, sales contracts, among others," mentioned our partner, Luis R. Domínguez, in the "Legal 5 Minutes" segment on Radio Femenina.
Our lawyer explains that there are many ways to identify an abusive clause, some of the most common ones are:
- Clauses that allow the seller to unilaterally modify the price or conditions of the contract.
- Clauses that establish abusive interest rates or disproportionate fees.
- Clauses that impose on the consumer the waiver of their rights or the limitation of these rights.
- Clauses that require the consumer to accept the jurisdiction or competence of a distant or unknown court or arbitrator.
- Clauses that establish impossibility or difficulty in terminating the contract.
"It is important to note that abusive clauses are illegal and do not have binding effects on the consumer, so they can be challenged in court and removed from the contract. Additionally, consumers have the right to receive clear and complete information about the contract terms and to be protected against deceptive or unfair business practices," affirmed Domínguez.
If a consumer comes across an abusive clause in a contract, Domínguez recommends educating themselves about their rights and the laws that protect consumers against these practices: "In general, consumers have the right to challenge abusive clauses and demand their removal from the contract."
The next step is to contact the seller, lender, or supplier and let them know that the clause is abusive and, therefore, illegal. Our expert advises doing this in writing and requesting a written response as well. In some cases, the seller may be willing to negotiate and remove the abusive clause from the contract.
If an agreement cannot be reached with the seller, the consumer can turn to the Consumer Protection Agency or the Superintendency of the Financial System of El Salvador, which are the state entities that oversee the actions of establishments and businesses towards their customers.
"You can seek advice from a lawyer specialized in Consumer Law to receive guidance and assistance in the process of challenging the clause," indicated our legal specialist.
Ultimately, Domínguez said that if the consumer decides to take the matter to court, they will need to file a lawsuit before a judge to declare the nullity of the abusive clause and have their rights as a consumer restored.
If you have further inquiries about this or other topics, you can contact us through our social media channels or by visiting our offices located at Calle Cuscatlán, #4312, Colonia Escalón, San Salvador, El Salvador.
-Written by the Torres Legal Team.