Consumer and advertising law in Chile

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.

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.

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.

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.

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.

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.