The Sole Circular of the Superintendence of Industry and Commerce (“SIC”) contains, among other things, the main obligations that entrepreneurs in the automotive sector must comply with in terms of consumer relations. Find below some of them that you may not know and are obliged to comply with: 

Institutional Mechanism: If you are a producer, producer's representative, assembler, importer, dealer, workshop or spare parts dealer you must have an adequate system to receive and manage Petitions, Complaints and Claims (“PQRs” per its Spanish acronym). This system must be easy to use for consumers and well organized internally. 

• The following should be made clear to the consumer:

1. 1.1.1.    Ways to contact: physical and electronic addresses, fax numbers and the procedures for submitting a PQR -as a step-by-step.
2. 1.1.2.    Inform that the PQR filing process does not require physical presence or the intervention of a lawyer.

• Internally, you should have the following: 

1. Procedures and forms to receive and manage PQRs efficiently.
2. Systems to organize and correctly classify PQRs, including details such as date, complainant's data, vehicle information and the reason for the complaint. This should be accompanied by the code assigned to each dealer, workshop or distributor related to the complaint.

• Periodic reports of PQRs to be sent to the SIC:

1. Within the first eight calendar days of each quarter, every dealer, authorized workshop and spare parts warehouse shall submit to the manufacturer, assembler, importer or producer's representative a report on compliance with the institutional mechanisms.
2. Within the second week of each quarter, producers, assemblers, importers and producer representatives must send the consolidated report to the Superintendent Delegate for Consumer Protection.

Code: In case you are a producer, assembler, importer or producer representative, you must request the Delegation for Consumer Protection to assign a code. In turn each of the aforementioned actors must assign to each dealer, authorized workshop and spare partes a code which first three digits must correspond to the code assigned by the SIC to the first ones and the next three digits assign them pursuant to the applicable regulation.  With this code is that you must accompany the classifications of the PQRs that you receive.

Recall Campaigns abroad: If it is discovered that a recall is being carried out abroad for a vehicle similar to one marketed in Colombia, the SIC must be informed of such recall. Among what must be the SIC must be informed, by means of the form provided for such purposes, it is included (i) start date of the recall, (ii) country in which the recall is being carried out, (iii) vehicle subject of the recall, (iv) country in which the recall is being carried out, (iv) description of the defect giving rise to the campaign, among others.

Advertisement to the Consumer: All advertising (brands, slogans, advertisements, etc.) must be clear, truthful and not mislead the consumer. Make sure that the information published is true, verifiable and understandable to avoid problems or sanctions by SIC.