We are advising UP in a claim against the Consumers right Authority INDECOPI (National Institute for the Defence of Competition and Intellectual Property), which fined our client for supposedly having collected a rate interest against the law to its students among other “infractions”.
INDECOPI fine does not fulfill the legal requirements, specifically the analysis of illegal benefit and severity of the damage.
UP has returned the rate interest to all its student, actions that were not taken into consideration by INDECOPI when imposing the fine. Also, the other “infractions” do not involve any illegal benefit, and no damages have been inflicted; nevertheless, once again, INDECOPI has not considered these actions.
INDECOPI’s has several nullity errors, which have been claimed by UP, like the reasonability test that has not been made correctly.
