867 Muñoz Rivera Ave. Vick
Center, Suite D403
San Juan, P.R. 00925
Created Anti-Discrimination Unit
de Daco crea unidad anti-discrimen)
: September 30, 2011
: September 1, 2011.
Formal Citation :
DACO Administrative Order 2011-0006 of September 1, 2011.
Creates Office against Discrimination in Commerce
On September 1, 2011, the Puerto Rico Department of Consumer Affairs (“DACO”
by its Spanish acronym) issued Administrative Order No.
2011-0006, requiring all entities using any method,
including the Internet, direct sales, catalogs or any other
means, to offer and sell goods and services to Puerto Rico
consumers to do so on terms that do not result
discriminatory as compared to their dealings with consumers
in the remaining 50 US states.
Order states that any significant difference in the offer of
goods and services, such as differences in service /
warranty / delivery terms or conditions, as well as pricing
and accessibility to goods or services, as compared to those
offered the 50
states shall be deemed discriminatory.
The business will
need to justify differences in the offer to the local
consumer to avoid imposition of fines which can amount to
$1,000 per day and $10,000 per consumer claim.
To do so, the
business will need to be able to evidence that the
difference is the direct result of factors beyond its
control such as existing trade or contractual restrictions
and/or licensing limitations and/or dealer-principal
relations, or perhaps, issues with permits or taxes,
copyrights, trademarks and/or patent law issues or
restraints or perhaps, delivery/shipping costs are
consistent and reasonable due to destination.
Administrative Order No. 2011-0006 is predicated on the
belief that US nation side businesses treat Puerto Rico differently and such differences are not based
on actual costs of doing business in the island or with the
island consumers. DACO
ventures that many such differences are simply
discriminatory due to origin and are therefore, offensive to
the equal rights protection afforded to Puerto Ricans as
American citizens under both the Puerto
Rico and United States Constitution.
has created the Office against Discrimination in Commerce
(OADC) to educate businesses about Administrative Order No.
2011-0006. The OADC
is nonetheless already empowered to receive complaints,
which may be filed before any of DACO’s regional office
available throughout the island.
The obligations under this Adm Order are
effective Sept 1, 2011.
Any person or entity that sells at retail
level from the USA, shall review their pricing and delivery
availability does not discriminate against purchases
originating from Puerto Rico.
The penalty for non-compliance is up to
$1,000.00 per day and 10,000.00 per consumer claim.
The above summary is for information purposes only.