The 2008 Constitution of Ecuador brought important innovations in economic and social rights, especially in the financial sector.
One of the most relevant provisions is the requirement that each bank have a customer or user ombudsman, as established in article 312 of the Constitution.
Art. 312 - Financial entities or groups may not hold permanent, total or partial participations in companies outside the financial activity.
Their participation in the control of capital, investment or assets of social media is prohibited, whether directly or indirectly, through their legal representatives, board members or shareholders.
Each entity that is part of the national financial system must have a customer ombudsman, who will be independent of the financial institution and appointed in accordance with the law.
The most notable aspect of this article is the final paragraph, which establishes the obligation to appoint a customer ombudsman in order to balance the relationship between the user and the financial entity.
This figure becomes relevant in the face of possible violations of fundamental rights, such as the right to property, which may lead to other economic or social harm.
The customer ombudsman acts as a mediator in conflicts between users and banks.
Its function is to channel customer complaints or claims, and in many cases, offer practical and conciliatory solutions that help resolve differences effectively.
This service must be provided independently, free of charge, and with the purpose of protecting the economic rights of both users and financial institutions.
The customer ombudsman can intervene in cases such as unjustified credit card charges, unauthorized debits from accounts, card cloning, among others, as long as there is a direct relationship with the banking entity.
To find out who performs this function at your bank, you can consult the official list of customer ombudsmen available on the Superintendency of Banks website:
Customer Ombudsman - Official Source: https://www.superbancos.gob.ec/bancos/defensor-del-cliente/
In certain cases, the customer ombudsman may declare that he or she is not competent to handle a complaint if it has already been dealt with by another instance or if it does not meet the necessary requirements for attention.
If your problem cannot be resolved by the customer ombudsman, you can come to our lawyers specialized in financial law, who will provide you with quick, reliable and effective advice to protect your rights.
(Special thanks for your collaboration to: Cristopher Saúl Pico Cáceres)
Customer Ombudsman in Banking Matters
6 min de lectura
ABOGADO VIRTUAL ONLINE
The 2008 Constitution of Ecuador introduced key advances in the protection of economic and social rights in the banking sector. Among them, the obligation for financial entities to have a customer or user ombudsman stands out, as established in article 312 of the Constitution of the Republic of Ecuador.