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Court Sets Criteria for the Imposition of Sanctions by the SIC

  • Writer: Asociación Cavelier
    Asociación Cavelier
  • 4 days ago
  • 2 min read

Law 1480 of 2011, which enacted the Consumer Protection Statute, establishes that non-compliance with orders issued in judgments, conciliations, or settlements in judicial proceedings for violations of consumer rights may give rise to sanctions. These may consist of:


a) Successive fines equivalent to one-seventh of the current legal monthly minimum wage for each day of delay in compliance.


b) The temporary closure of the commercial establishment, if non-compliance persists and until compliance with the order is demonstrated. In such cases, the SIC may request support from law enforcement to enforce the adopted measure.


In its ruling of September 2, 2025, the Bogotá Superior Court stated that in the imposition of these sanctions the fundamental guarantee of due process must be respected, and the following criteria must be taken into account:


  1. The procedure set forth in Article 59 of the Statutory Law on the Administration of Justice must be followed.

  2. It is not sufficient to merely prove non-compliance with the judgment or settlement for the sanction to be imposed; it must also be demonstrated that such non-compliance resulted from defiance, bad faith, or unwillingness to comply with the order issued.

  3. The private autonomy of the parties must be recognized. If the consumer accepts or deems the judgment or settlement as fulfilled, even while acknowledging certain delays, the SIC cannot impose sanctions on the grounds of late compliance.


Accordingly, the Court revoked the sanction of more than 200 million pesos imposed by the SIC on a construction company for the alleged breach of a settlement agreement regarding the delivery of the common areas of a building.


This case highlights the importance of having specialized legal advice in consumer protection and compliance with settlement agreements. The right strategy can make the difference between facing a multimillion-peso sanction and successfully defending your company’s interests.


WRITTEN BY: LINA DÍAZ

 
 
 
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