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A & # 39; First Court will be & # 39; receives a defense application against BancoEstado for invalid registration of debtors of Economy



The High Court accepted an application for defenses recorded against him BancoEstado to keep it up registration debts to evaluate consumer behavior and to suspend the opening of current accounts.

In a unanimous decision, the third Chamber of the highest court took up the precautionary activity, after establishing act illegal and irregular of the bank.

Fail

The regulation proves that the appellant asked the "dissatisfaction" to appear in the Debt State that used his bank because he accepted Lag. No. 20,720, "which established the reorganization and melting of companies and individuals.

The bank, which adds to the regulation, "did not realize that the amount of debt that appears to respond to beliefs before breaking off, which is compatible with the & # 39; The debt was due to appear for the month of March 2018, that is, after completing the # 39; that process in the document along with the respondent ".

The settlement adds: "in those situations in which, after finishing its legal mode state of debt of the appellant, at his / her date on requesting the opening of his & # 39; current account to the respondent, Defined in a formal and definitely formal way & # 39; it was essential that the requisite information would be discontinued or at least stopping from that registration ".

With regard to article 6 of Law content. No 19,628, the data quoted was in question at least the region. In this regard, article 9 of the preceding law states: "In any case, the information must be accurate, fair and true that responds to the true location of the data owner ".

Decision

"(…) Due to what has been said previously, BancoEstado made an illegal and illegal action, justified without justification and breaking the previous rules using economic data with at least any doubt to evaluate the risk of the request to open the current account of the actor and, at last, he refused, "he is coming to an end.

The third room was composed of the ministers Sergio Muñoz, María Eugenia Sandoval, Arturo Prado, Ángela Vivanco and lawyer (i) Diego Munita.


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