Consumer and advertising law in Chile

Barros & Errázuriz

One of the most experienced and widely respected Chilean law firms for consumer and advertising law, Barros & Errázuriz's ten-strong department has an impressive track record in class actions and mediation processes involving the Chilean Consumer Law Authority (SERNAC). The practice also distinguishes itself through substantial industry expertise, including public services and utilities, telecoms, education, real estate, postal services and healthcare. The practice is co-led by Javier San Martín, whose dispute resolution workload includes class action lawsuits; competition and antitrust specialist Luis Eduardo Toro, who regularly represents clients in actions filed by SERNAC or by individuals; and David Cademartori, an administrative and public law expert who consistently advises on consumer matters. Notable senior associate-level support is provided by Isidora Fernández, whose wide-ranging litigation and arbitration experience includes class actions, consumer law and injunctions before the courts of appeal; and consumer law-related class action specialist Cristián Pérez.

Practice head(s):

Javier San Martin; Luis Eduardo Toro; David Cademartori

Testimonials

A very high level of knowledge of consumer law involving both the courts and at the administrative level (SERNAC).’

‘The team clearly knows the criteria for resolving controversies and sanctions matters.

The lawyers know when it is convenient to be conciliatory with the Authority and when it is advisable to litigate, and in both cases with the best tools available.

Cristián Pérez is a standout senior associate for litigation.

Key clients

Correos de Chile

Essbio

Grupo Socovesa

Inmobiliaria Aconcagua

Inmobiliaria Loga

Bruno Fritsch

Laureate International

Sky Airlines

Mundo Pacífico

Caja de Compensación Los Héroes

Aguas del Valle

Work highlights

  • Represented Aguas del Valle (known for the production and distribution of drinking water and collection, treatment and disposal of wastewater in northern Chile) in three class actions involving service interruption claims and alleged illegal charges.
  • Defended ESSBIO against two class actions filed by over 2,000 neighbours of Coronel, claiming damages for the alleged turbidity and pollution of water distributed by ESSBIO.
  • Represented CineHoyts in a complaint filed by SERNAC for allegedly violating consumer law.

Carey

Carey‘s dedicated advertising and consumer law practice is highly rated for its experience in consumer protection litigation, advertising and marketing campaigns, safety policies and recalls, and revision of standard form agreements and abusive clauses; it also houses specialists on the import and commercialisation of products into the Chilean market, as well as on e-commerce matters. Furthermore, it also has broad litigation expertise in relation to product liability, misleading advertisements and class actions, along with longstanding experience of procedures involving SERNAC. The key practitioners are Guillermo Carey, whose broad practice includes being co-head of the firm’s IP, IT, venture capital, private equity and life-science departments; co-head of the firm’s litigation practice Aldo Molinari; and senior associate María José Martabit, who focuses on digital marketing, product liability, recalls, adhesion contracts, and e-commerce platforms. Fellow senior Cristina Busquets has moved towards regulatory and life-science matters, but the practice can also call on a group of associates -including Eduardo Reveco– dedicated to advertising legislation and consumer regulation. Since publication, Martabit has left the firm, effective October 2021.

Practice head(s):

Guillermo Carey; Aldo Molinari; María José Martabit

Other key lawyers:

Eduardo Reveco

Testimonials

One of the best qualities of this firm is that despite being the largest law firm in Chile, the service provided by the consumer practice is very specialised (as if it were a small firm).

They are able to explain problems and solutions to us in an easy and uncomplicated way – they certainly compare very  favourably with other firms.

Without a doubt, all issues approached by associate María José Martabit are  handled in a professional, attentive and creative way. Working with her is a pleasure, not only because she is an expert in the field, but because her way of approaching problems is clear, and she is able to glimpse issues that others do not see at first glance.

Associates María José Martabit and Eduardo Reveco are highlighted for their professionalism and practical knowledge of various consumer problems. They also stand out for stepping out of the typical role of lawyer, seeking creative solutions, and putting themselves in the place of both the company and  consumer.

Key clients

adidas Chile

Algramo

Atika

Canada Goose

Clorox Chile / The Clorox Company

FEIN

Isapre Cruz Blanca

Empresas Iansa

Epson

Essity North America

Galderma Chile Laboratorios

Genomma Lab Chile

HSBC Bank

Herbalife

Heinz

Iansagro

LDA

Lemonbank

Marubeni Auto Finance Chile

MasterCard International

Mercado Libre Chile

Nestlé Chile

Nu Skin Enterprises Chile

Pepsico

Evercrisp Snack Productos De Chile

Porsche Volkswagen Servicios Financieros Chile

Schaffler

Vorwerk

Wom

Tucapel

Toyota Chile

Work highlights

  • Advised LDA (a subsidiary of Empresas Iansa that specialises in the production, distribution and commercialisation of pet food) on a national recall process, carried out before the Servicio Agrícola Ganadero (SAG) and SERNAC.
  • Defended Wom against a class action filed by the ASOCOT consumer association in relation to alleged infringements of consumer protection legislation (predominantly advertising regulations).
  • Defended adidas against a judicial action filed by SERNAC before a local courthouse, based on alleged infringements of offers and the regulation of promotions.

Cariola Díez Pérez-Cotapos

Regularly advising major advertisers such as Cencosud, Coca-Cola and Soprole, Cariola Díez Pérez-Cotapos‘ five-member group also frequently finds itself at the forefront of litigation and advisory work in relation to new labelling requirements for food products. In addition, the practice is recognised by the market for its successful track record before the Self-Regulating Advertising Board (CONAR); on the consumer side, it acts in consumer claims for Google. Leading the department is Rodrigo Lavados, who also heads the firm’s tech, media and privacy group. Likewise key to the team is competition law head Juan Cristóbal Gumucio, whose broad experience includes pro-bono advice to different trade associations on consumer protection legislation amendments. At senior associate level, Felipe Fernández regularly works on consumer and advertising matters, while associate Gabriel Pensa‘s practice includes advertising ethics and consumer protection, along with food labelling and advertising. Since publication, Fernández has left the firm to become a partner at Ernst & Young (Santiago), effective December 2021.

Practice head(s):

Rodrigo Lavados

Testimonials

Highly professional.

Undoubtedly lawyers trained at the best universities, not only in Chile but in the world.

Lawyers prepared at the highest level and with a lot of experience.

Key clients

Soprole

Cencosud

Coca-Cola

Kellogg’s

Ferrero

Google

Arauco

Banco Bice

Medtronic

Canal 13

NFL

Work highlights

  • Advised Enel on the implementation of the Enel X project, a marketplace where a variety of products and services are offered to consumers.
  • Advising Google on regulatory compliance for its advertising platforms and also in relation to the advertising of its products and services, including representation before the Consumer Protection Authority on several occasions.
  • Assisting Fonterra subsidiary Soprole with all its advertising matters.

FerradaNehme

With approximately 15 years' experience, FerradaNehme's consumer law practice consistently acts in litigation involving both individual lawsuits and class actions. In relation to consumer law, the six-strong group also advises clients from an array of markets and industries on their relations with both SERNAC and sectorial regulatory agencies; it additionally assists with consumer law compliance programmes. A partner since 2016, former TMT practice head Stella Muñoz today leads the consumer law practice, combining her experience in telecoms regulation and consumer law; fellow partner Nicolás Ubilla has extensive experience in civil, commercial and economic litigation. Key associate support comes from intermediates Aníbal Korn, who joined the consumer law and complex litigation groups from Philippi Prietocarrizosa Ferrero DU & Uría in 2019; and Arturo Arriagada, who handles consumer law involving financial regulation, telecoms, data protection and retail.

Practice head(s):

Stella Muñoz; Nicolás Ubilla

Key clients

VTR Comunicaciones

Walmart Chile

Falabella

Sky Airline

Natura Cosméticos

Transbank

Latamfit Chile

Lotus Producciones

GC Rent Chile

Corporación Educacional Alianza Francesa de Santiago

Iplacex

Work highlights

  • Acted for VTR Comunicaciones in four class actions (filed by the Consumer Protection Agency and three consumer associations), which argued that VTR’s clients had suffered interruptions, suspensions and alterations to their internet access service.
  • Represented Walmart Chile in a voluntary collective procedure before the Consumer Protection Agency.
  • Acted for Sky Airlines in a voluntary collective procedure before the Consumer Protection Agency, which sought to find a solution to alleged breaches of information duties, as well as passengers’ rights to cancellation-related refunds.

Pumpin, Dorfman, Nasser, Diaz (PDND)

At boutique law firm Pumpin, Dorfman, Nasser, Diaz (PDND), the nine-strong practice 'has very deep knowledge and is well known in the courts'. With a significant part of the firm's broad offering focused on consumer law, it consistently advises leading companies in Chile from the telecoms, supermarket retail, fuel and parking industries (among others); the group's expertise covers accidents on commercial premises and at service stations, thefts in parking lots and fuel contamination, along with more typical terms and conditions issues and disputes over commercial offers. Other areas of note include telephone equipment warranties, class action suit defences, and complaints over false advertising, online sales and stock certification, and faulty products. Founding partners and co-heads of the insurance practice Ignacio Díaz and Marcelo Nasser -whose broad practices include consumer protection law- are the principal advisers. Fellow co-founders Gabriel Pumpin (also a co-lead for insurance) and Mauricio Dorfman provide further high-level support.

Practice head(s):

Ignacio Diaz; Marcelo Nasser; Mauricio Dorfman; Gabriel Pumpin

Testimonials

Very deep knowledge and is well known in the courts.

They have a very creative approach.

They are 100% aligned with the fees that we can pay – fees are never an issue.

Great team of lawyers who are very prepared and have high rates of success.

Without a doubt tremendous professionals and great people.

Marcelo Nasser thinks out of the box when required; he has solid knowledge, knows the insurance market perfectly, and gives solutions that actually fit our requirements.

Key clients

Wom Chile

Adidas Chile

CCU

Soprole

Cencosud

Supermercados Rendic

Supermercados Tottus

Copec

ENEX

Chilena Consolidada

Autopista Los Libertadores

Estacionamiento Centro

Estacionamiento San Sergio

Constructora RVC

Gasco

Work highlights

  • Advising Wom on consumer law issues.
  • Advising adidas in Chile, mainly on civil suits, consumer law issues and labour law claims.
  • Advising Compañía de Cervecerías Unidas on consumer law.

Albagli Zaliasnik

A founding member of the Global Advertising Lawyers Alliance, Albagli Zaliasnik's six-strong consumer and ad-law team is headed up by trade mark and patent specialist Eugenio Gormaz (promoted to partner in May 2020), alongside Óscar Molina (director of the firm’s IT, media and data privacy group), who also has significant experience in advertising issues, entertainment-industry regulation, advertising law and consumer protection. IP specialist and senior partner in charge of dispute resolution Ariela Agosin is also regularly involved in key cases involving advertising and consumer law. Assisting with both consumer law-related litigation and corporate work, Dafne Guerra was promoted to senior associate in mid-2020, while the group's other notable associates include senior Juan Pablo Zamora and intermediate Gonzalo Bravo.

Practice head(s):

Eugenio Gormáz; Oscar Molina

Key clients

International Trademark Association

PromoVeritas

Snap

Coty

AirBnB

The Trade Desk

McCann World Group

The Pokémon Company International

Havas Creative Group

Wieden+Kennedy Amsterdam

Epic Games

Genomma Lab

Mascotas Latinas

Cuponatic Latam Chile

Empresas La Polar

Konami

NBC Universial

Budnik Hermanos

Abbott Laboratories

WeWork

Mutual de Seguridad

Work highlights

  • Advised Empresa La Polar on negotiations (before SERNAC) which concerned a potential collective action against it.
  • Advised Japanese video game development company, Konami, on a full review and adaptation of the terms and conditions of its latest contests and promotions.
  • Advised global beauty company Coty on the promotion of a new cosmetics line.

Urenda, Rencoret, Orrego y Dörr

The five-member team at Urenda, Rencoret, Orrego y Dörr has longstanding experience in managing consumer and advertising law cases, including individual judicial proceedings, class actions and administrative matters before SERNAC. The team recently advised its retail clients on the provision of parking services, and assisted large global food companies with the adaptation of their advertising and packaging in accordance with new food labelling regulations. Department head Juan Carlos Dörr Bulnes represents companies in consumer law cases before the national courts and governmental regulatory agencies; at associate level, senior Juan Pablo Morales is an experienced consumer law dispute resolution practitioner. However, intermediate Carlos Corro left to become practice director at Sensus Legis in May 2021.

Practice head(s):

Juan Carlos Dörr Bulnes

Key clients

Sony Chile

Inmobiliaria Mall de Viña del Mar

Inmobiliaria E3

Pearson

Work highlights

  • Defended the interests of Sony in multiple individual consumer interest claims.
  • Defended Inmobiliaria Mall Viña del Mar in multiple individual consumer interest cases.
  • Advised Inmobiliaria Mall Viña del Mar on consumer rights compliance in relation to a website which was created to sell products from shopping mall stores.