In brief
Disposition 377/2026 updated the official list of clauses deemed abusive in consumer contracts. In practice, it operates as the guideline used by the authority when reviewing contracts and T&C. It places particular emphasis on unilateral changes, termination without cause, barriers to filing claims, liability limitations, and double standards depending on the contracting channel. Using it as a checklist and adjusting early helps reduce claims, inspections, and sanctions.
In focus
The Government, through the Undersecretariat for Consumer Protection and Fair Trade, issued the Disposition 377/2026, which updates the “official list” of clauses considered abusive in consumer contracts. It is an update to the list of “things that should NOT be included” in standard agreements, forms, and Terms & Conditions (T&C), because the authority may challenge them and require their amendment (which often triggers claims, inspections, and sanctions).
What changes and where is the focus?
- Unilateral changes. If the contract allows the supplier to modify prices or conditions without objective grounds, it is a high risk area.
- Termination without cause. It clarifies that termination without cause, if permitted, must operate within clear limits: only in contracts of indefinite duration and with reasonable prior notice.
- Ability to file claims. The rule identifies typical clauses that hinder consumers: distant jurisdictions, evidentiary hurdles, or restrictions that limit their ability to defend themselves. Consumers cannot be “bound” by conditions that, in practice, prevent them from filing claims.
- Liability and remedies. Particular caution is required with clauses seeking to exclude or reduce refunds, damages, warranties, indemnification, or statutory liabilities.
- In person vs. remote contracting. Double standards are prohibited: providers may not offer less protection simply because contracting occurs online or in person (and vice versa).
If you handle consumer contracts or T&C, the Annex to the Disposition functions as a practical checklist. Adjusting these points proactively generally helps avoid contingencies and improves transparency with customers.
Catalina Beñatena, Associate, has contributed to this legal update.
Download the Spanish version of Argentina: Update of the List of Abusive Clauses in Consumer Agreements.