A Cuenca Tour Guide’s Field Manual: Filing a Consumer Complaint in Ecuador

My responsibility doesn't end when the tour is over. I want you to feel confident and safe in all your interactions here. That includes knowing what to do when something goes wrong.

Ecuador has strong consumer protection laws, but navigating the system requires local knowledge. This is your field manual to do just that.

Your Rights as a Consumer

Ecuador's Ley Orgánica de Defensa del Consumidor is your shield. It guarantees you the right to quality, safety, accurate information, and—most importantly—redress when things go wrong.

Step 1: The Direct Approach (The Cuencano Way)

Before you even think about official forms, you must try to resolve the issue directly. This is not just a courtesy; it's a required first step in any formal process.

1. Assemble Your Arsenal of Proof: This is non-negotiable. Gather:

   • Receipts/Invoices: The original is best.
   • Contracts & Written Agreements: For tours, services, or rentals.
   • Photos/Videos: Clear, timestamped evidence of the faulty product or poor service.
   • Communication Log: Notes of calls, emails, or WhatsApp messages.
   • Warranty documents.

2. Speak to the Decision-Maker: Return to the business. Don’t just talk to the first salesperson you see; politely ask for the manager (el gerente or el administrador).

3. Communicate with Respect and Firmness:

   • Guide's Pro Tip: In our culture, a calm, respectful tone gets you much further than angry demands. Start with a polite phrase like, “Disculpe la molestia, pero tengo un problema con este producto.” (Pardon the interruption, but I have a problem with this product). Patience (paciencia) and politeness are your most powerful negotiating tools here.

4. Get the Right Paperwork from the Start:

   • Hyper-Specific Detail #1: When you buy anything of value, proactively ask for an official invoice by saying, “¿Me puede dar una factura, por favor?” A simple cash register slip (nota de venta) is common, but a factura with the business’s RUC (their national tax ID number) is ironclad proof for any formal complaint. This small step can make or break your case later.

Step 2: Escalation to a Formal Complaint

If direct talks fail, it’s time to use the official channels. The primary agency for most consumer complaints is the Superintendencia de Control del Poder de Mercado (SCPM).

How to File with the SCPM

1. The Online Portal (Preferred): This is the most efficient method.

   • Navigate to the SCPM's official website (search "Superintendencia de Control del Poder de Mercado Ecuador").
   • Look for the "Servicios en Línea" or similar section to file a denuncia (complaint).
   • You'll need to create an account with your passport or cédula number.
   • Fill out the form with absolute precision. Describe the problem, the business details (this is where the RUC from your factura is crucial), and the resolution you seek.
   • Upload Your Evidence: Scan and upload every single document you collected. High-quality digital copies are essential.

2. In-Person Filing in Cuenca: If you prefer face-to-face assistance.

   • Hyper-Specific Detail #2: The SCPM Zonal 6 office, which serves Cuenca, is located in the Edificio Acrópolis on Avenida José Peralta and Avenida 12 de Abril.
   • Hyper-Specific Detail #3: A taxi from El Centro to this building will cost about $2.50-$3.00. Just tell the driver, “Al Edificio Acrópolis, por la Superintendencia, por favor.” It’s a well-known location.
   • What to Bring: Take originals and copies of all your evidence, plus your passport or cédula. The staff can help you complete the physical paperwork.

What Happens Next? The Waiting Game

Patience is a virtue here. The process is not instantaneous.

• Notification: The SCPM notifies the business, which has a period to respond.
• Mediation: The first goal is always a mediated agreement (una audiencia de conciliación). The SCPM will facilitate a conversation between you and the business to find a resolution.
• Resolution: If mediation fails, a formal investigation may be launched, which can result in a binding order for a refund, replacement, or even fines for the business. This can take several weeks or even months.

⚠️ A Guide's Critical Warning: The Trap Most Foreigners Fall Into

The single most costly mistake I see visitors and new expats make is accepting a verbal promise for a future resolution.

You’ll hear, “Come back next week, the owner will be here,” or “We’ll have the replacement part soon.” These are often delaying tactics. Without a signed, written acknowledgment of the problem and the agreed-upon solution, these promises often evaporate. Your leverage is lost once you walk out the door.

Your defense: If a business agrees to a future fix, get it in writing. A simple handwritten note on company letterhead detailing the item, the issue, the agreed solution, and the date, signed by the manager, is a powerful tool. Do not leave without it.

Other Specialized Agencies

For certain sectors, you need to go to a different authority:

• Banking & Insurance: Superintendencia de Bancos or Superintendencia de Compañías, Valores y Seguros.
• Phone & Internet: Agencia de Regulación y Control de las Telecomunicaciones (ARCOTEL).

Filing a complaint is more than a personal mission. It’s a service to the community—it helps regulators identify patterns of bad practice and protects future consumers. By understanding your rights and following these steps, you empower yourself and contribute to a fairer, more transparent Cuenca for all of us.