Consumer and advertising law in Chile
Barros & Errázuriz's 10-strong department is one of the most experienced and recognised groups in Chile. It has a strong track record in class actions and mediation processes with SERNAC, and can draw on the firm's expertise across a wide range of industries, including utilities, telecoms, education, real estate and healthcare, among others. Recent highlights saw the team represent América Móvil subsidiary Claro Chile in two class actions filed by SERNAC, in relation to service-outages in Santiago and Curanilahue. The practice is co-led by three partners with distinct but complimentary specialisms: Javier San Martín (civil and commercial disputes), Luis Eduardo Toro (bankruptcy and competition) and David Cademartori (public and administrative law). All handle assistance with consumer matters, including class action lawsuits and other actions that are filed by SERNAC and/or individuals. Key support comes from disputes practice senior associates Isidora Fernández and Cristián Pérez.
Correos de Chile
Caja de Compensación Los Héroes
Aguas del Valle
- Represented Caja de Compensación Los Héroes in a class action brought by consumer rights group, Organización de Consumidores y Usuarios de Chile.
- Acted for Cine Hoyts in a complaint filed by SERNAC for allegedly violating consumer law.
- Ongoing advice to Laureate International Universities on consumer matters, including contract revisions, promotions and advertising, as well as representation in both administrative proceedings before SERNAC, and private or class actions filed by consumers or SERNAC itself.
- Ongoing advice to ride-hailing service Didi on consumer law issues.
At Chile's largest law firm Carey, the eight-strong, specialised advertising and consumer law department is experienced in consumer protection litigation, advertisement and marketing campaigns, e-commerce, safety policies and recalls, revision of standard form agreements, and the import and commercialisation of products into the Chilean market, among others. In addition, the firm's broad dispute resolution practice handles product liability, misleading advertisements and class actions, including longstanding assistance with procedures that involve Chile's Consumer Law Authority (SERNAC) and other relevant authorities. The partners to note are Guillermo Carey, whose role also includes being co-head of the firm’s IP, IT and life sciences practices, and venture capital/private equity groups, along with co-head of the firm's litigation practice Aldo Molinari. Senior associate María José Martabit effectively co-leads the team; strongly specialised in consumer matters, she also has litigation experience. Fellow senior Cristina Busquets also has extensive consumer experience but is now primarily dedicated to food law and as such operates from the firm's regulatory practice.
Banco Santander (Chile)
Isapre Cruz Blanca
Glaxosmithkline Chile Farmaceutica
Luxury Goods Chile
Marubeni Auto Finance Chile
Mercado Libre Chile
Nu Skin Enterprises Chile
Riot Games Services
- Acted for ENEL in a consumer protection lawsuit concerning an electricity distribution contract with Central El Campesino.
- Acted for WOM in a class action filed by the Consumer’s Association of Tarapacá (ASOCOT), based on alleged infringements of consumers’ right to timely and truthful information and advertising rules.
- Currently representing Isapre Cruz Blanca in a class action filed by a consumers’ association against ten private health insurance companies for allegedly abusive contractual clauses which infringe the Consumer Protection Act.
- Acted for Kimberly-Clark Chile in its claim before CONAR (Advertising Self-Regulation and Ethics Council), arguing that an advertising campaign for Pampers Premium Diapers Care and Newborn Premium Care constituted misleading advertising (among other infringements).
- Advises Nu Skin Enterprises Chile on ongoing requests for the analysis, preparation and presentation of responses to consumer complaints, which are filed through SERNAC.
The five-strong team at Cariola Díez Pérez-Cotapos advises major advertisers such as Cencosud, Coca-Cola and Soprole on a regular basis, assisting with both litigation and advisory issues relating to matters such as new labelling requirements for food products (with clients including Kellogg’s and Ferrero). The practice also enjoys a successful track record before CONAR, while on the consumer side, the team handles consumer claims for high-profile clients, including Google. Head of the firm's tech, media and privacy group, Rodrigo Lavados, and well-known head of the competition practice, Juan Cristóbal Gumucio, are the partners to note; key support is provided by senior associate Felipe Fernández.
- Advised Banco Bice on its main sponsor agreement with Universidad Católica, one of the largest football clubs in Chile.
- Ongoing assistance to dairy producer Soprole regarding all advertising matters.
- Successfully defence of Cencosud against an advertising claim filed by the Guild Association of Graphic Industries of Chile (ASIMPRES).
Pumpin, Dorfman, Nasser, Diaz (PDND)
Founded in 2002, Pumpin, Dorfman, Nasser, Diaz (PDND) is today a nine-strong boutique that counts consumer law among its main practices and which draws clients from among Chile's leading companies in the telecoms, supermarket, retail, fuel, and parking sectors, among others. Representative work includes false advertising complaints, class action suit defences, complaints surrounding online sales and certification of stock, and the terms and conditions of promotions or offers. Other areas of note include accidents in commercial establishments, thefts in parking lots, fuel contamination and accidents in service stations, and telephone equipment guarantees. Founding partners Ignacio Díaz (maritime and transport) and Marcelo Nasser (civil, commercial and consumer law, insurance and civil liability) are the lead practitioners, with fellow co-founders Mauricio Dorfman (corporate, labour, civil liability and litigation), and Gabriel Pumpin (civil and commercial law, litigation and transport) providing further partner-level support.
‘I think it is a team with a lot of knowledge and experience, and it looks for innovative solutions to problems.‘
‘Great ability to understand the details of the business and suggest effective and efficient solutions. Clearly they are an alternative that has to be considered when facing problems of this nature.‘
‘They are available with their time, which explains their ability to understand problems and business. Those in charge of planning the strategy and solutions are effectively the partners, not like other large firms where they use recently qualified lawyers.‘
Autopista Los Libertadores
Estacionamiento San Sergio
- Advised Adidas Chile on its response to consumer complaints regarding e-commerce sales, late delivery and defective products, among other matters.
- Advised mobile telephone and broadband company, WOM, regarding complaints over guarantees covering telephone equipment.
- Assisted Chilean beverage company Compañía de Cervecerías Unidas with consumer law issues such as alleged product contamination.
Albagli Zaliasnik's six-strong department – led by IP and litigation specialist Ariela Agosin, who oversees all the firm's consumer law matters – is experienced advising on advertising, marketing and promotion (and all associated regulations). Notable support is provided by senior associate Oscar Molina, who is a director of the firm’s IT, media and data privacy group, and associate Dafne Guerra. The team was further strengthened with the June 2019 hire of Antonio Rubilar, formerly in-house at ENAP, as a senior associate; he will focus on regulatory litigation, competition and antitrust, public law and the energy and natural resources sector. The firm is also a member of the Global Advertising Lawyers Alliance.
‘The team led by Ariela Agosin is uniquely solid. Both she and senior associate Oscar Molina are leaders in this field in Chile.‘
‘It is an empathetic team and its human qualities are consistent with its professional solidity.‘
International Trademark Association
McCann World Group
Havas Creative Group
Cuponatic Latam Chile
Empresas La Polar
Mutual de Seguridad
- Advised Airbnb on a contest-related advertising campaign.
The Chilean member of MultiLaw, Urenda, Rencoret, Orrego y Dörr fields a five-strong department that acts for clients in individual judicial proceedings, class actions and administrative stages before administrative consumer body SERNAC. The team has been particularly active assisting various multinational food companies with adapting their advertising and packaging in accordance with the 2016 regulations associated with Law 20,606 (2016), and advising retail clients on the provision of parking services further to 2017's Law 20,967, which regulates paid parking services. Civil law specialist Juan Carlos Dörr Bulnes heads the department, with key support from associates Juan Pablo Morales and Carlos Corro, who both handle contentious consumer matters as part of their wider disputes practices.
Inmobiliaria Mall de Viña del Mar
- Defended the interests of Sony Chile in multiple individual consumer interest cases, which predominantly relate to the application of legal guarantees for hi-tech products.