On November 30, 2020, the 29th Commercial Court issued a ruling in the case “P v. OLX S.A.” regarding the liability of internet intermediaries.
The decision followed the guidelines established in the case of Kosten, Esteban v. Mercado Libre SRL and in the case of Gómez Maciel Francisco José v. Dridco S.A. s/ ordinary.
In the facts of the case, the actor was interested in purchasing an iPhone 5s, so he contacted a potential seller through a post on the OLX S.A. (“OLX”) website.
A few months later, the actor contacted this person again via WhatsApp, having registered the contact number listed in the post. After an exchange of messages, they agreed to deliver the product at night at the McDonald’s restaurant in Buenos Aires. However, on the day of the alleged transaction, the transaction was delayed and the location changed.
At the time of finalizing the purchase and sale of the phone, the seller demands the money and fires a gun, hitting the bullet behind his ear.
The first-instance ruling rejected the plaintiff’s claim and established that OLX cannot be held liable for subsequent events, given that OLX acted only as a mere intermediary in the purchase, remaining uninvolved in the negotiations between the parties, its role being comparable to that of classified ads. It also established that OLX cannot be held liable for the plaintiff’s actions, who decided—in these times—to complete the purchase of a cell phone for the sum of $5,500 in cash, in the manner and at the time indicated above.
Allende & Brea participated in the case on behalf of OLX.
