Overview
- Indecopi’s Consumer Protection Commission imposed a fine of 3.78 UIT (S/20,790) on Delivery Hero Perú S.A.C., operator of the Pedidos Ya app, in a ruling issued Wednesday that is final.
- The authority found Pedidos Ya automatically added a preselected S/3.90 tip to orders, a practice it described as a "dark pattern" because users had to remove the charge manually to avoid paying it.
- As a corrective measure the commission ordered Pedidos Ya to remove all preestablished tip amounts and let users type a voluntary tip, with the app changes due within 15 business days.
- Indecopi said the design exploited user inertia to induce payments not freely and expressly accepted, and framed the resolution as part of its consumer-rights campaign during the Fiestas Patrias period.
- The ruling could set a precedent for tougher oversight of e-commerce and delivery apps, and it should mean fewer surprise charges for users while pushing platforms to show final prices that reflect only amounts users explicitly accept.