Consumer law in Argentina

Marval O’Farrell Mairal

Leading the market in large, complex claims and class actions, Marval O’Farrell Mairal is well regarded for its ‘knowledgeable team of lawyer, who are up to speed on the main issues surrounding the clients' products and services’. The firm stands out for tobacco product-liability work, as well as being active in the banking, retail automotive and technology spaces. The team is co-led by Leandro Castelli, who specialises in product liability claims and litigation; automotive litigation expert Fernando Montes de Oca; and Facundo Viel Temperley, who focuses on procedural law and civil, commercial, consumer and product liability cases. Another key name is senior associate Alejo Gascón, who is particularly strong as regards tobacco matters.

Practice head(s):

Leandro Castelli; Fernando Montes de Oca; Facundo Viel Temperley

Testimonials

‘They have a knowledgeable team of lawyer, who are up to speed on the main issues surrounding the clients’ products and services’.

Key clients

Massalín Particulares

Peugeot – Citroën

Philip Morris International

Polaris

General Motors

Columbia Sportswear Company

Hermès Argentina

Magneti Marelli Cofap

Apple

Booking.com Argentina

BNP Paribas

Lojas Renner

Banco Itaú

Work highlights

  • Representing Booking.com in mediation, administrative and judicial proceedings initiated by customers who users of the website to make various hotel reservations.
  • Advised Lojas Renner regarding the local consumer-protection legal framework for its commercial launch in Argentina.
  • Represented Demotores in natiowide consumer-related claims before the Consumer Protection Agency.

Beccar Varela

Active in numerous class action cases, Beccar Varela is recommended for its ‘extreme neatness and professionalism’ when it comes to judicial defence. The practice acts for national and international clients across a range of industries, with experts in litigation and arbitration handling disputes involving consumer protection, administrative law, customs, compliance and intellectual property. The team is co-led by Gonzalo García Delatour, who is known for his expertise in civil and commercial litigation, arbitration, and bankruptcy and restructuring; Federico Sosa, who focuses on complex litigation, class actions, insolvency and bankruptcy; and Agustín Waisman, who specialises in competition, antitrust and consumer protection.

Practice head(s):

Federico Sosa; Gonzalo García Delatour; Agustín Waisman

Testimonials

‘They stand out for doing hand-crafted work, and having a great knowledge of law in all their areas, especially commercial’.

‘They work with extreme neatness and professionalism. They stand out for their craftsmanship and professionalism’.

Key clients

Banco Santander Río

Citibank

Banco de Galicia y Buenos Aires

BBVA Francés

Banco Itaú

Industrial and Commercial Bank of China

Unilever

Western Union

Cardif Seguros

Galicia Seguros

Work highlights

  • Advised DiDi on the launch of its mobility services platform for drivers and passengers in the city of Buenos Aires, including the drafting and review of Terms of Service, advertising campaigns, promotions and contests promoting the launch of the platform.
  • Advising Avon, Despegar, GlaxoSmithKline, Red Bull, Revlon, Samsonite, Sanofi Aventis, Scania, Starz, Unilever, among others, on fair trade and consumer protection regulations including advertising, product labeling, product liability, e-commerce, sweepstakes, promotion activities, loyalty programs, recalls, and relationships and communication with consumers.
  • Advised Mercado Libre in connection with the launching of its online supermarket, particularly in relation to its obligations against consumers as a provider of certain specific types of product (eg: groceries); and also on its liability for its role as intermediary for sales by third parties via its platform.

Bruchou, Fernández Madero & Lombardi

Above-and-beyond its specialist banking and finance expertise, full-service firm Bruchou, Fernández Madero & Lombardi also represents retail-based companies in disputes and day-to-day operations. The team has  extensive experience in both the judiciary -particulary the commercial courts- and the private sector, and brings such knowledge to trial and appellate courts throughout Argentina on a range of consumer-related cases. A former commercial judge and commercial court official, respectively, Carlos María Rotman (who handles litigation, international arbitration and bankruptcy) and Martín Beretervide (who focuses on commercial litigation in bankruptcy and corporate matters), co-lead the team.

Practice head(s):

Martín Beretervide; Carlos María Rotman

Key clients

Banco Macro

Banco Santander

BBVA

Banco Galicia y de Buenos Aires

Financial institutions

Brubank

Gire

Candy Electrodomésticos Argentina

Orbis Mertig

Work highlights

  • Advising and representing Banco Macro, as defendant, in several class action cases.
  • Advising and representing Banco Santander in several class action cases filed against it.
  • Advises and represents BBVA Francés in class action cases filed against the bank.

Cerolini & Ferrari Abogados

Cerolini & Ferrari Abogados ‘not only has an excellent technical training regarding class action lawsuits, but also complements it with practical experience that distinguishes it from other practices’. The firm focuses on class actions, litigation, torts, arbitration and administrative proceedings. The practice combines this expertise with industry knowledge, particularly in the areas of banks, financial services, fintech, consumer goods, insurances, travel and online retail. Matías Ferrari leads the team and is regarded as a ‘most outstanding professional’ and recommended for his ‘knowledge, professionalism and dedication’.

Practice head(s):

Matías Ferrari

Testimonials

‘They have technical and up-to-date knowledge on jurisprudence and doctrine on class actions and consumer defense. Excellence in the procedural strategy and writing of the briefs. Compares favorably with teams from other firms’.

‘They actively collaborate in keeping the company informed of the appearance of new class actions that affect the financial sector or the bank in particular, even before the transfer of the claim is notified. Always predisposed to work as a team with the company in order to carry out the defense of its interests in the best way possible’.

‘100% availability and conceptual clarity’.

‘Matias Ferrari, Julieta Santillan and Agustina Fruet make up a team that is a pleasure to work with’.

‘Matías Ferrari is the most outstanding professional. I highlight his knowledge, professionalism and dedication. I also highlight, from his team, Agustina Fruet as a professional in development with a high degree of responsibility’.

‘They have extensive experience defending financial entities against class actions by consumer associations, which has given them great knowledge on these issues. As a specific feature of this firm, they are constantly monitoring new lawsuits so they notify us immediately when a consumer association files a new lawsuit, which is very useful for preparing the corresponding response strategy’.

‘Matías Ferrari, the partner in charge of our account, has an absolute availability and commitment to the work, which is very useful to us and generates the necessary confidence to handle cases of significant economic importance’.

‘Cerolin & Ferrari not only has an excellent technical training regarding class action lawsuits, but also complements it with practical experience that distinguishes it from other practices’. 

Key clients

Mercado Libre

American Express

Banco Itaú

Banco San Juan

Banco de Servicios Financieros

Assist Card Argentina de Servicios

Banco Cetelem Argentina

Banco Ciudad de Buenos Aires

Banco Hipotecario

Banco Patagonia

Despegar.com.ar

Industrial and Commercial Bank of China

OpenBank Argentina

Work highlights

  • Advising Mercado Libre in a class action filed by Consumidores Financieros Asociación Civil para su Defensa, a consumer association, that claims the the interest rate applicable to payment operations carried out through MercadoPago (MercadoLibre’s payment platform) is abusive and not customers are not duly informed.
  • Representing Banco Itaú in a class action filed by the consumer association “Asociación por la Defensa de Usuarios y Consumidores” (ADUC) based on damages allegedly suffered due to the practice of automatically assigning renewable fixed-term deposits with a lower interest than the one granted in the constitution of new fixed-term deposits; according to the claimant, said practice is voided by Argentine Central Bank regulations and Argentine consumer law.
  • Counsel to Banco San Juan in a class action filed by the consumer association Usuarios y Consumidores Financieros (UCU) based on damages allegedly suffered for the abusive practice of an illegal exemption of responsibility for the promotional emails sent to clients referring to all the services and products advertised through website “Tienda Clic”; according to the claimant, said exemption is invalidated by Argentine Consumer Law.

Pérez Alati, Grondona, Benites & Arntsen

Pérez Alati, Grondona, Benites & Arntsen leverages its expertise in the banking, financial services, communications, food and beverage and automotive sectors to advise on a range of consumer claims, class actions and product liability issues. Areas of expertise for the firm include the adaptation of products and services to consumer protection regulations, disputes related to credit card regimes, insurance coverage claims and consumer actions brought by clients individually or through consumer associations. Identifying potential risks and due diligence are also core strengths of the practice. Luis Diego Barry leads the team and focuses on competition, antitrust and consumer protection.

Practice head(s):

Luis Diego Barry

Key clients

Evandti AR

CMR Falabella

MetLife Seguros de Vida

Motorola Mobility of Argentina

Patagonia Brewing Company

Coppel

Herbalife

La Papelera del Plata

MercadoLibre

Honda Motor de Argentina

Work highlights

  • Advice to NotCo on how to implement channels of communication with consumers.
  • Leading two important recalls undertaken by Honda Motor de Argentina.
  • In charge of drafting and filing two requests before the Administrative Authority for Lenovo Argentina asking to conduct a market investigation focusing on two companies for infringement.

Abeledo Gottheil Abogados

Abeledo Gottheil Abogados provides a ‘team of professionals with solid experience in the field, litigious issues being one of its strengths’. The firm is recommended for its ‘high technical knowledge and extensive experience in the field of consumer law, as well as an excellent ability to define and recommend the course of action’. The practice is active in product liability matters along with issues related to the recall processes for defective products involving personal or life risk, and defends primarily international companies s across a range of industries. Rodrigo Blas Hernández, who handles complex product liability advice and litigation, co-leads the team with Federico Osvaldo Valiño, who focuses on product-liability cases and advisory regarding consumer law.

Practice head(s):

Rodrigo Blas Hernández; Federico Osvaldo Valiño

Testimonials

The professionals of the Abeledo Gottheil have high technical knowledge and extensive experience in the field of consumer law, as well as an excellent criterion to define and recommend the course of action for each subject analysed’.

‘Abeledo Gottheil is characterised by collaborating to maintain excellent relationships with its clients, and by collaborating with them to achieve greater forecasting and mitigation of risks and contingencies’.

‘The technical knowledge of the Abeledo Gottheil team in the field of consumer law stands out, as well as the speed and predisposition to deal with all the issues that arise related to this branch of law and that require specialised assistance’.

‘The firm has a team of professionals with solid experience in the field, with litigious issues being one of its strengths. The advice they provide is technically very sound’.

‘The firm has been adapting more than efficiently to the changes noted in technological matters to monitor these issues, changes that were especially accelerated by the pandemic’.

‘The direct attention from the partners and the involvement with the issues is decisive and something different from what can happen in other firms’.

Key clients

Toyota Argentina

Yamaha Motor Argentina

Finning Caterpillar

Shell

Total

Asociación del Fútbol Argentino

Softland

LG Electronics

Cepas Argentinas

YPF

Work highlights

  • Advice to Yamaha Motor Argentina on different recall processes before the Federal Trade Commission (Defensa del Consumidor, de la Dirección Nacional de Comercio Interior).
  • Advice and exclusive representation of Yamaha Motor Argentina in several suits and claims filed in different jurisdictions.
  • Advice and exclusive representation of Toyota in different consumer claims and class actions.

O'Farrell

O’Farrell’s forte is negotiating claims and investigation procedures related to consumer law, fair trade law, advertising law and e-commerce. With particular experience in the automotive, aviation, retail, pharma (& laboratories),  public utilities, toll road, personal loans and telecoms sectors, the team advises across a broad range of industries. It is also increasingly active in consumer defence issues related to environmental law. The team is co-led by administrative and consumer law expert Jorge Muratorio and Lorena Quiroz, who focuses on consumer defence.

Practice head(s):

Jorge Muratorio; Lorena Quiroz

Key clients

Ford Argentina

Plan Ovalo de Ahorro para Fines Determinados

Naturgy Ban

Celadi

Farmcity

Medicus

Grupo Concesionario del Oeste

Turkish Airlines

AMX Argentina

Nokia Solutions and Networks Argentina

Work highlights

  • Advice to Naturgy Ban in relation to the action against Law 14.692 (issued by the province of Buenos Aires) which requires the opening of personal attention offices in each jurisdiction of the province.
  • Legal advice to Farmcity in administrative and judicial proceedings regarding to retail regulation.
  • Legal advice to Grupo Concesionario del Oeste regarding user claims for the application of Consumer Law before the local authorities.