Publicity is a crucial tool for businesses and companies that are sellers and/or providers of goods and services. With it, businesses and companies can display their offers to consumers, and convince them to acquire their products. However, publicity can turn into a double-edged sword if, during its planning, a legal approach is not taken into consideration.

On July 8, 2021, The Superintendence of Industry and Commerce (“SIC”), penalized American School Way with a fine of $ 181.705.200 colombian pesos for their publicity adverts and information contained in their web page. The millionaire fine was due to non-compliance with the norms established on the Consumer Rights Statute, more specifically, of articles 3, 23 and 33.

Article 3 contains the rights and duties of consumers, among which are the right to obtain clear, truthful, and sufficient information about the offered products. Article 23 refers to the minimum information that must be presented by suppliers and/or producers when advertising their products. If the minimum information is not provided, they will be held responsible for all damages caused to consumers caused by the lack of information.

In its investigation, the SIC determined that American School Way was not complying with its obligation of providing clear and truthful information by omitting from its “Terms and Conditions of the Education Services Agreement” and its “Enrollment Rulebook” information relative to the benefits for the subscribers of their programs. Additionally, the SIC found that the information provided through the American School Way website relating the terms to request a change of campus was not sufficient for consumers.

Lastly, Article 33 of the Consumer Rights Statute refers to the obligation for promotional adverts and offers to include information on the conditions of how and when consumers can access the offered benefits. In this case, American School Way neglected to inform in its “Black Friday” advertisement the terms and conditions to access the offered incentives.

The infringement of the rules contained in the mentioned statute led to American School Way being penalized with a millionaire fine imposed by the authorities, which could have been avoided with the correct counsel. BéndiksenLaw is qualified to bring a legal approach to the marketing campaigns of our clients, where we can determine if the adverts and information comply with the requirements established by the Consumer Rights Statute, and other important regulations, to avoid penalties or difficulties with the authorities.

Contact us for more information.