2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341w - Faculties and duties of Secretary regarding claims and complaints

(1) The Secretary may collect, receive, deposit and deliver the total amount of the claims to the consumers to whom they correspond. If the amounts received cannot be delivered promptly to the consumers entitled thereto, the same shall remain under the custody of the Secretary in a banking account which accrues interest. In these cases, the Secretary shall be empowered to endorse and deposit in said account those bank checks, money orders and any other securities drawn to the order of the consumers. The disbursements against this account shall be made in accordance with the regulations promulgated by the Secretary of Consumer Affairs in coordination with the Secretary of the Treasury.
(2) In case of the death of the consumer entitled to receive a specific amount for the above-mentioned concept, the Secretary of Consumer Affairs shall make the payment to the heirs according to the determination made in that respect, in the proportions corresponding to them pursuant to the Civil Code of Puerto Rico.
The evidence of legal heir, as provided in this section, shall be established before the Secretary of Consumer Affairs in the manner provided by him through regulations.
When the persons entitled to payment are under legal age or disabled, said payment shall be made to the person in charge of said minors or disabled persons, if, after the corresponding investigation, it is deemed advisable to do so.
(3) Once the payment of the total amount of a claim has been in the positive manner pursuant to this chapter, the Secretary of Consumer Affairs and his agents and employees will be released from any future liability.
(4) The total amount of the claim of a consumer who has not been located shall be covered into the General Fund after five (5) years have elapsed from the publication in a newspaper of general circulation of his name, last known address and any other information that the Secretary of Consumer Affairs provides through regulations.
(5) The Secretary of Consumer Affairs shall periodically transfer to the Secretary of the Treasury the total amount of the interest accrued by the amounts deposited in the bank account that accrues interest, so that the latter official, in turn, shall deposit it in a special account under his custody. These funds shall be destined exclusively for the following purposes:
(a) To defray the expenses incurred by the Secretary of Consumer Affairs to locate the claimants.
(b) To strengthen and expedite the activities for the investigation of complaints, adjudication and collection of claims and judicial actions initiated by the Secretary of Consumer Affairs.
(6) The Secretary of Consumer Affairs is hereby authorized to incur whatever expenses are needed to publish the names and addresses of the claimants that have not been located, and to comply with any other requirement needed in the administration of this chapter.
(7) The Secretary of Consumer Affairs shall promulgate the regulations needed to carry out the provisions of this chapter.
(8) The power granted to the Secretary of Consumer Affairs to endorse and deposit bank checks, money orders and other securities issued in payment of claims is hereby extended to any other securities of that same nature that are under his custody when this act takes effect.
History —Apr. 23, 1973, No. 5, p. 15, added as § 25 on July 12, 1986, No. 129, p. 407, § 2.