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Consumer claims and class actions in Chile: SERNAC, individual complaints, collective actions, fines and the voluntary collective procedure

Last verified: 2026-10-26 · Status: Stable

Any business selling to consumers in Chile is subject to Ley Nº 19.496. Individual complaints go to the local police court of the consumer's or the provider's domicile, and contract clauses choosing another forum are void (art. 50 A). The general fine is up to 300 UTM, about CLP 21.6 million or US$21,940 in October 2026 (art. 24). Collective and diffuse interest actions can be brought by SERNAC, by a consumer association at least six months old, or by a group of at least 50 consumers. Judgments against the provider bind it for all affected consumers. Fines can be imposed per affected consumer, capped at 30 percent of the affected product line's sales, twice the economic benefit, or 45,000 UTA (art. 24 A, 51 and 54). SERNAC also runs a voluntary collective procedure lasting up to three months, extendable once by three months. An agreement reached there binds all consumers once approved by a civil court (art. 54 H, 54 J and 54 Q). Contraventional actions expire two years after the infringement ends (art. 26).

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UTM and UTA amounts use the October 2026 values published by the SII (UTM CLP 72,151; UTA CLP 865,812). Conversions are for orientation only.

Key facts

General maximum fine for consumer law infringements	300 UTMLey Nº 19.496 art. 24, as of 2026-10-26 · in force
Maximum fine for misleading advertising in the media (2,250 UTM if health, safety or environment)	1500 UTMLey Nº 19.496 art. 24, as of 2026-10-26 · in force
Absolute cap on total fines in collective cases	45000 UTALey Nº 19.496 art. 24 A, as of 2026-10-26 · in force
Cap on total fines in collective cases as share of the affected product line's sales (10% for micro and small businesses)	30 %Ley Nº 19.496 art. 24 A, as of 2026-10-26 · in force
Minimum number of consumers to bring a collective action as a group	50 Ley Nº 19.496 art. 51, as of 2026-10-26 · in force
Limitation for contraventional actions from when the infringement ceases	2 yearsLey Nº 19.496 art. 26, as of 2026-10-26 · in force
Maximum length of SERNAC's voluntary collective procedure (extendable once by 3 months)	3 monthsLey Nº 19.496 art. 54 J, as of 2026-10-26 · in force
Increase in collective compensation when aggravating factors apply	25 %Ley Nº 19.496 art. 53 C, as of 2026-10-26 · in force

The rule

1. Infringements of the law are punished with a fine of up to 300 UTM unless another penalty is specified. False or misleading advertising in the media carries up to 1,500 UTM, and up to 2,250 UTM when it concerns qualities of products or services affecting health, safety or the environment. Mitigating factors include effective repair of the damage before the decision, self reporting, substantial cooperation (including an approved compliance plan) and no sanction for the same infringement in the last 36 months, or 18 months for micro and small businesses. Aggravating factors include a sanction for the same infringement in the last 24 months, serious financial damage, harm to physical or mental integrity or dignity, and endangering safety (art. 24).
Cost to do it: Maximum fines at the October 2026 UTM of CLP 72,151: 300 UTM is CLP 21,645,300 (about US$21,940); 1,500 UTM is CLP 108,226,500 (about US$109,699); 2,250 UTM is CLP 162,339,750 (about US$164,548).
Example: An online retailer's misleading TV advertising about a product's safety can draw a fine of up to 2,250 UTM, CLP 162,339,750, per infringement. An approved compliance plan in that area counts as substantial cooperation. / The same maximum fine is about US$164,548. Repairing affected customers before a decision is a statutory mitigating factor.Ley Nº 19.496 on consumer protection (Ministerio de Economía), Diario Oficial 7 March 1997, as amended, Art. 24, 1997-03-07 official text · verified 2026-10-26

2. Contraventional liability actions expire two years after the infringement ceases, while civil actions follow the Código Civil or special laws. The period is suspended while a complaint is pending before the provider's customer service, a mediator or SERNAC, and when SERNAC formally intervenes or opens a sanction procedure. Fines expire one year after the sentence becomes final (art. 26).
Cost to do it: No cost to apply.
Example: An overcharge on a CLP 98,658 monthly plan ended in March 2026. A contraventional complaint can be filed until March 2028, longer if the customer complained to the provider first, because that suspends the period. / The same plan is about US$100 a month. For the provider, the exposure window runs from when the practice stops, not from when it started.Ley Nº 19.496 on consumer protection, Art. 26, 1997-03-07 official text · verified 2026-10-26

3. Complaints in the individual interest can be filed, at the consumer's choice, at the local police court of the consumer's domicile or the provider's, and contractual choice of forum is prohibited (art. 50 A). Actions can be brought individually or in the collective interest (a defined group linked to the provider by contract) or diffuse interest (an undefined group of consumers) (art. 50). The collective procedure can be started by SERNAC, by a consumer association formed at least six months before filing with authorisation of its board, or by a group of at least 50 identified consumers affected in the same interest (art. 51 Nº 1). Damages must be the same for all consumers in the same situation, and can include moral damages where physical or mental integrity or dignity was affected; the judge can set a common minimum amount (art. 51 Nº 2). The judgment must declare the provider's liability, the fines, and the compensation for the group or subgroups. Compensation can be increased by 25 percent when aggravating factors apply, and the judge can order refunds without consumers having to appear. Appeal against the final judgment has suspensive and devolutive effect (art. 53 C). A final judgment declaring liability binds the provider as to everyone affected by the same facts, except consumers who reserved their rights, and is published by notices (art. 54).
Cost to do it: The cost of notices publishing the judgment is borne by the infringer (art. 53 C letter e). Expert reports on moral damages are borne by the infringer if liability is established (art. 51 Nº 2).
Example: A bank charges an unlawful fee of CLP 9,866 to 10,000 customers, CLP 98,660,000 in total. SERNAC files a collective action, the court orders refunds directly to the customers' accounts, and the judgment binds the bank as to every affected customer. / The total refund is about US$100,000 before fines. The provider can propose compensation, including a common minimum for moral damages, at any point in the case (art. 51 Nº 2).Ley Nº 19.496 on consumer protection, Art. 50, art. 50 A, art. 51, art. 53 C and art. 54, 1997-03-07 official text · verified 2026-10-26

4. For infringements affecting the collective or diffuse interest, the court grades the fine by the number of consumers affected. It can instead impose a fine per affected consumer, unless the provider has fully repaired all of them. The total cannot exceed 30 percent of the sales of the affected product or service line during the infringement, or twice the economic benefit obtained. For micro and small businesses under Ley Nº 20.416, the cap is 10 percent of those sales or twice the benefit. In all cases, the total cannot exceed 45,000 UTA (art. 24 A).
Cost to do it: The absolute cap of 45,000 UTA equals CLP 38,961,540,000 at the October 2026 UTA, about US$39,491,516.
Example: A telecom provider overcharges 100,000 customers on a product line with CLP 4,932,900,000 in sales during the infringement. The aggregate fine is capped at 30 percent of those sales, CLP 1,479,870,000, or twice the benefit, and never above 45,000 UTA. / The same product line had about US$5,000,000 in sales, so the 30 percent cap is about US$1,500,000. Full repair of all customers before judgment rules out per consumer fines (art. 24 A).Ley Nº 19.496 on consumer protection, Art. 24 A, 1997-03-07 official text · verified 2026-10-26

5. SERNAC runs a voluntary procedure to resolve conduct affecting the collective or diffuse interest quickly. It is handled by an independent subdirectorate and is based on consumer indemnity, procedural economy, publicity, integrity and due process (art. 54 H). It lasts at most three months from the third day after the provider is notified, extendable once by up to three months by reasoned resolution, but not when the delay is due to the provider's negligence (art. 54 J). The provider can ask for trade secrets to be kept confidential (art. 54 O). If an agreement is reached, SERNAC issues a resolution setting out the obligations (art. 54 P). For the agreement to bind all consumers, a civil judge of the provider's domicile must approve it (art. 54 Q).
Cost to do it: No fee to SERNAC. The provider bears the cost of the compensation it agrees to and of informing consumers.
Example: A retailer that mischarged delivery fees agrees, within the three month voluntary procedure, to refund CLP 98,658,000 to affected customers. A civil judge's approval then makes the agreement binding on all of them. / The same refund is about US$100,000. A judicially approved agreement gives closure as to all affected consumers, which a series of individual settlements does not.Ley Nº 19.496 on consumer protection, Art. 54 H, art. 54 J, art. 54 O, art. 54 P and art. 54 Q, 1997-03-07 official text · verified 2026-10-26

Claim	Who brings it	Forum	Effect
Individual complaint or action	The affected consumer	Local police court of the consumer's or provider's domicile (art. 50 A)	Between the parties
Collective or diffuse action	SERNAC, an association at least 6 months old, or 50 or more consumers (art. 51)	Civil courts	Binds the provider as to all affected consumers, except those who reserved rights (art. 54)
Voluntary collective procedure	SERNAC with the provider (art. 54 H)	SERNAC, then civil court approval	Binds all consumers once approved (art. 54 Q)

Who can sue and where under Ley Nº 19.496 (sources in the rules above).

Worked example

A foreign e-commerce platform selling in Chile charges a CLP 9,866 (about US$10) cancellation fee that its terms allow but SERNAC considers abusive, affecting 10,000 customers.
SERNAC opens the voluntary collective procedure. The platform has three months, extendable once, to agree on refunds (Ley Nº 19.496 art. 54 J).
It agrees to refund CLP 98,660,000 (about US$100,000) and asks a civil judge to approve the agreement so it binds all customers (art. 54 Q).
If it had refused and lost a collective action, it would also face per consumer fines of up to 30 percent of the affected line's sales, with possible 25 percent higher compensation (art. 24 A and 53 C).

Step by step

1. Review standard terms for forum clauses; contractual choice of forum is prohibited for individual consumer complaints (art. 50 A).
2. Set up a customer service complaint channel and log complaints, which suspend the limitation period (art. 26).
3. Adopt a compliance plan approved by SERNAC in high risk areas, which counts as substantial cooperation (art. 24).
4. When a systemic issue appears, consider fully repairing all affected consumers early; repair mitigates fines, and full repair of all of them rules out per consumer fines (art. 24 and 24 A).
5. If SERNAC opens a voluntary procedure, request confidentiality for trade secrets and plan for the 3 month timetable (art. 54 J and 54 O).
6. Seek court approval of any collective agreement to obtain binding effect (art. 54 Q).

Common traps

A forum clause in standard terms cannot move individual consumer complaints away from the local police courts the law designates (art. 50 A).
Per consumer fines in collective cases can add up quickly; the caps are 30 percent of the affected line's sales or twice the benefit, up to 45,000 UTA (art. 24 A).
A prior sanction for the same infringement within 24 months is an aggravating factor (art. 24).
The limitation clock starts only when the practice stops, so long running practices remain exposed (art. 26).
A SERNAC agreement without court approval does not bind all consumers (art. 54 Q).

Sources

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