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Firms To Watch: Consumer and advertising law

The consumer and advertising law practice at Sensus Legis Abogados, which is active in matters involving department stores, supermarkets and trade associations, is co-led by senior counsel Christian Acuña Fernández, whose career includes serving as Chile legal manager for retail company Cencosud; and director Carlos Felipe Corro Calderón, a former Urenda, Rencoret, Orrego y Dörr associate.

Consumer and advertising law in Chile

Barros & Errázuriz

The experienced 11-strong practice at Barros & Errázuriz has an enviable track record in class actions and mediation processes involving the Chilean Consumer Law Authority (SERNAC). Notably, the group houses specialists in a wide array of industries, including water distribution, mobile services, satellite TV, education, real estate, and healthcare. The principal figures are civil and commercial litigation and arbitration expert Javier San Martín, whose practice takes in consumer law-related work as well as class action and individual lawsuits; Luis Eduardo Toro, a competition and antitrust practitioner (and litigator), who is experienced in telecoms, energy and pharmaceutical sector-related matters; administrative law specialist David Cademartori; and civil and commercial litigator José Luis Corvalán, who is also active in consumer law matters. The senior associate to note, litigation and arbitration practitioner Isidora Fernández shows ‘very good judgement' and is experienced in class actions, consumer law, and injunctions before Chile’s courts of appeal.

Practice head(s):

Javier San Martin; Luis Eduardo Toro; David Cademartori; José Luis Corvalán


Testimonials

The team is always in contact with the client, sharing information and updating the client on the progress of the trial or the discussions.

Isidora Fernández is very concerned about the progress of the trials and preliminary conversations – she always keeps the client informed and has very good judgment in relation to trials.

Key clients

Aguas del Valle


Essbio


Inmobiliaria Aconcagua


DirecTV


Sky


Almagro


Bruno Fritsch


Correos de Chile


Inmobiliaria de la Base Serrano


Inmobiliaria Casonas de Marbella


Universidad Andrés Bello


Inmobiliaria Loga


Delta


Socovesa


Automotores Gildemeister


Levaduras Collico


My Community


Banco Security


Green Market


Work highlights


  • Represented Automotoras Kauffman, Bruno Fritsch and Guillermo Morales in a consumer law-related class action filed by Conadecus (Chilean consumer organisation) against seven vehicle sales companies and three financial companies.
  • Defended Sky Airlines Class against actions filed by consumer association Conadecus.
  • Provided Automotores Gildemeister with a legal opinion on the amendments introduced by Law 21.398, which establishes measures to encourage the protection of consumer rights.

Carey

Carey‘s advertising and consumer law department has a strong market reputation for consumer protection litigation and administrative matters, including voluntary collective procedures before SERNAC. The department also comprises experts in e-commerce, consumer compliance models, recalls, product imports, safety and warranty policies, and advertising and marketing campaigns. With ‘advice that is always at the highest level‘, the team is additionally sought out for its expertise in class action litigation, along with defence-side matters involving product liability, misleading advertising and consumer safety. Among the firm’s numerous experienced advisers, Guillermo Carey‘s recent caseload includes assisting Algramo with updating its consumer-facing commercial contracts and policies; and Aldo Molinari (‘provides invaluable advice‘) who is a specialist in civil and commercial disputes, along with administrative and environmental regulatory litigation. Notable growth for the group saw the promotion of the ‘brilliantMónica Pérez (whose broad litigation practice covers consumer protection law), to partner in December 2022. At associate level, Eduardo Reveco (a March 2022 re-hire from PAGBAM Schwencke Chile) and Kureusa Hara both advise on consumer and advertising-related matters.

Practice head(s):

Guillermo Carey; Aldo Molinari; Mónica Pérez; Kureusa Hara


Testimonials

Something that characterises Carey is that despite being the largest firm in Chile, the close and immediate attention it gives clients is similar to a boutique.

Advice that is always at the highest level, regardless of the complexity of the matter.

They have the right lawyers for day-to-day work, as well as for more complex issues.

A team of lawyers with a strategic outlook and excellent knowledge of jurisprudence and Chile’s litigious environment.

The flexibility and willingness to provide comprehensive coverage of consumer-related issues make them exceptional in the Chilean market.

Aldo Molinari without a doubt provides invaluable advice during complex trials.

Mónica Pérez is a faithful disciple of Aldo Molinari who, with the same rigour and excellence, guarantees extraordinary service provision.

Mónica Pérez is brilliant, methodical and a perfectionist. There is no aspect that is left to chance when working with her.

Key clients

Adidas Chile


Algramo


Amazon


Banco Internacional


Bayer


Blanco y Negro


Clorox Chile


The Clorox Company


Comercializadora Asiamerica Compañía


Decathlon


Empresas Iansa


Galderma Chile Laboratorios


Garmin


General Motors Financial


Herbalife


Hughes de Chile


HunterDouglas Chile


Iansagro


Isapre Cruz Blanca


Kaizen Gaming International


Kraft-Heinz


Laboratorios Andrómaco


LDA


Mastercard International Incorporated


Mercado Libre Chile


Nestlé Chile


Nu Skin Enterprises Chile


Pepsico


Evercrisp Snack Productos De Chile


Porsche Volkswagen Servicios Financieros Chile


Softys Chile


Starlink Chile


Wild Foods


Wom


Yandex.Go Israel


Work highlights


  • Advised LDA on the recall process for certain lines of pet food products that contained a defective raw material.
  • Advising Blanco y Negro on the preparation of a response to an obligatory information request from SERNAC.
  • Assisted Adidas Chile with inspection procedures by SERNAC, information requirements, responses to consumer complaints, and Chilean Consumer Law authority procedures.

FerradaNehme

FerradaNehme's broad consumer and advertising practice routinely litigates individual lawsuits, as well as high-stakes class actions. With ‘an amazing ability to find creative solutions', the team also represents clients before SERNAC, in response to communications, mediations and voluntary collective procedures. Clients further look to the group to design and update consumer-related prevention and compliance models. Also of note, the firm fields a robust advertising practice. Team leader Stella Muñoz, who ‘stands out for her deep knowledge', is a highly-rated consumer law specialist who has substantial experience in consumer litigation (particularly complex class actions), as well as regulatory issues. Providing further partner-level support is complex litigation expert Nicolás Ubilla. In the associate ranks, the consumer law experience of recently-promoted senior Aníbal Korn includes class action proceedings; while Mario Garfias, whose experience includes representing clients before SERNAC, is a May 2022 recruit from Gana y Galvez Abogados. Former associate Arturo Arriagada left the firm in February 2022.

Practice head(s):

Stella Muñoz


Testimonials

FerradaNehme is characterised by its excellent service, and its explanations are clear and the information is transparent.’

Lawyers with in-depth knowledge of their specialty areas and an amazing ability to find creative solutions. The work style is also very agile and pleasant; and its inclusion and diversity policies make it a firm that clients are very pleased to work with.

Clients are very happy to have FerradaNehme as their firm. All of its members stand out for their creativity and deep legal knowledge.

Clients especially highlight Stella Muñoz, Nicolás Ubilla, Aníbal Korn and Mario Garfias – all extraordinary professionals and outstanding in their professional practice.

‘Stella Muñoz stands out for her deep knowledge and thoroughness.’

Nicolás Ubilla – patient and constantly studying his areas.

Aníbal Korn – commitment to the cases and assignments.

Mario Garfias is a promising young lawyer.

Key clients

VTR Comunicaciones


Sky Airline


Lotus Producciones


Claro Chile


Latamfit Chile


Natura Cosméticos


Cosméticos Avon


Comercializadora Skechers Chile


Banco Santander Chile


Iplacex


Work highlights


  • Defended VTR Comunicaciones against four class actions filed by SERNAC and three consumer associations in relation to the provision of internet services and access during the pandemic.
  • Defended Latamfit Chile against three individual lawsuits, which related to alleged breaches of safety and professional duties under the Consumer Law.
  • Advised Sky Airlines on the implementation of an agreement reached with SERNAC during a voluntary collective procedure, which concerned the airline industry participating in the refund of boarding fees.

Cariola Díez Pérez-Cotapos

The 11-strong consumer and advertising law department at Cariola Díez Pérez-Cotapos advises companies such as Ripley, Mercado Libre, Levi’s, H&M and Forever 21 on an ongoing basis regarding consumer law. The team also regularly acts for large Chilean advertisers such as Coca-Cola and Soprole. The group is highly active in class action litigation, in addition to assisting with web sale-related terms and conditions, collective mediation procedures with the Chilean National Consumer Service, and product information, labelling and pricing regulations. The practice of technology, privacy and media team head Rodrigo Lavados covers advertising and consumer protection work, while litigation and arbitration specialist José Ignacio Azar was elevated to director in January 2023. Senior associate Gabriel Pensa advises on advertising ethics and consumer protection matters.

Practice head(s):

Rodrigo Lavados; José Ignacio Aza


Key clients

Ripley


Levi’s


H&M


Forever 21


Ferrero


Google


Arauco


Banco Bice


Medtronic


Canal 13


NFL


Kellogg’s


The Coca – Cola Company


Soprole


Mercado Libre


Work highlights


  • Advising H&M on consumer and advertising law on an ongoing basis.
  • Advising Google on consumer and advertising law on an ongoing basis.
  • Assisting Mercado Libre with consumer and advertising law (including litigation) on an ongoing basis.

Pumpin, Dorfman, Nasser, Diaz (PDND)

Boutique practice Pumpin, Dorfman, Nasser, Diaz (PDND) fields a seven-strong group that acts for major companies primarily from the supermarket, retail and telecoms systems, along with various concessions segments such as fuel, parking and private highways. The team’s expertise ranges from accidents on commercial premises, to terms and conditions-related disputes involving commercial offers, defence-side class actions, and false advertising, faulty product and online sales-related complaints. The group also routinely acts before the National Consumer Service, as well as the local police and high courts. Overseeing the firm’s consumer law practice, Ignacio Díaz specialises in commercial law, transport and insurance, in addition to consumer protection work. Key support at associate level is provided by Cristián Silva, whose experience includes working at Adidas Chile’s legal department.

Practice head(s):

Ignacio Díaz


Work highlights


Albagli Zaliasnik

Albagli Zaliasnik is the sole Chilean-member firm of the Global Advertising Lawyers Alliance, which provides access to law firms in over 65 countries, and the practice represents several large companies -such as Snap Inc- with regard to their advertising law needs. IP leader Eugenio Gormáz heads up the consumer and 'ad-law' team, while senior partner Ariela Agosin leads the disputes group. At senior associate level, Dafne Guerra handles day-to-day consumer law work; and Juan Pablo Zamora and Antonia Nudman both assist with advertising law matters. At the more junior end, Gonzalo Bravo rounds out the practice group.

Practice head(s):

Ariela Agosin; Eugenio Gormáz


Testimonials

Impressive legal knowledge in this space.

Key clients

Empresas La Polar


Verisure Chile


Wom


Intcomex Inc


Genomma Lab


SMU


Dimarc


Loi Chile


LG Electronics Chile


Lanco Chile


Mr Click


Steward SA


Work highlights


  • Assisted Empresa La Polar with an internet advertising action by CONAR.
  • Advised Verisure on the drafting of a preventive compliance plan for consumer affairs (in accordance with the Law On The Protection Of Consumer Rights).
  • Advised Snap Inc on several questions concerning Chilean cryptocurrency regulations, specifically in relation to cryptocurrency advertisements.

Alessandri & Compañía Abogados

Alessandri & Compañía Abogados' consumer practice covers ongoing advisory matters, claims before consumer body SERNAC, collective procedures, lawsuits, compliance, and terms and conditions and contracts. Additional areas of strength range from privacy policies and e-commerce-related online sales, to terms of service reviews, contracts involving online platforms and shipping issues. Consumer law compliance leader Santiago Ortúzar routinely assists with the application of the Consumer Protection Law (CPL), as well as advising on how the local consumer protection authorities interpret said legislation. Flanking Ortúzar, fellow partner Macarena Gatic leads the firm’s TMT and data protection practices.

Practice head(s):

Santiago Ortúzar


Testimonials

Technically trained team that is involved in the operation and responds to the issues raised in time, substance and form.

Willingness to get involved in the matter, technical capacity, commercial approach.

Key clients

Australis


Líquidos


Wework


TMLUC


Dorel


Nivea (Beiersdorf)


Kataya Group


Agrosuper


Work highlights


  • Advised JetSmart on the collective procedure before SERNAC regarding boarding fee reimbursements.
  • Advised Agrosuper on Agrosuperventas’ terms and conditions.
  • Advised Australis on the terms and conditions for La Cosecha del Mar, and its privacy and other policies (in relation to consumer rights and legal guarantees).

Baker McKenzie Chile

The 10-strong consumer and advertising law practice at Baker McKenzie Chile provides both advisory and litigation services in relation to product liability, as well as handling compliance with advertising regulations and information obligations. Providing ‘solid advice', the team also assists with consumer legislation-related contract reviews, consumer claims before SERNAC, and class actions. The group is co-led by consumer class action litigators Rodrigo De Valdés and Ignacio Naudon, alongside Valentina Venturelli, who advises on advertising issues. The practice further comprises Diego Ferrada, a specialist in the consumer and advertising aspects of digital markets and platforms; and senior associate Juan Ignacio Donoso, who assists with consumer-related compliance work.

Practice head(s):

Rodrigo Díaz de Valdés; Ignacio Naudon; Valentina Venturelli


Testimonials

Solid advice on issues of commercial and consumer law, advertising and free competition.

Exceptional advice led by senior associate Juan Ignacio Donoso.

Key clients

HDI Securities


Isapre Consalud


HP


Cencosud


Essity


Aguas Antofagasta


Colgate-Palmolive


Estee Lauder


AFP Habitat


Black & Decker


Costanera Norte


Work highlights


  • Represented tissue company Essity in follow-on actions submitted by consumer associations (Conadecus) and the Chilean Consumer Service (SERNAC), which sought compensation for damages caused by a tissue cartel.
  • Represented Cencosud in a class action filed by SERNAC for Consumer Protection Act infringements, in relation to sales on its e-commerce website, Paris.cl, during the Covid-19 pandemic.
  • Defended Aguas de Antofagasta against a class action brought by SERNAC before the civil courts, following an alleged turbidity outbreak that affected tap water services in Mejillones.

Guerrero Olivos

Guerrero Olivos' consumer law team assists with the design of compliance, commercialisation and product-warranty strategies, complaint response protocols, and advertising and promotion breaks. Other notable areas include consumer rights-related litigation, product labelling, collective mediation procedures before SERNAC, and e-commerce and advertising. The lead consumer law department partner, Benjamín Ferrada specialises in consumer protection law compliance and consumer rights disputes. At senior associate level, Sebastián Marambio advises on mass consumption of goods and services matters, while Juan José García assists with consumer law work. The slightly more junior Rosario Díaz is an active litigator.

Practice head(s):

Benjamín Ferrada


Key clients

Western Union


Kraft Heinz


OLX


Edenred


Pandora


UPL/Arysta


ENACO


Safecard


Huerto Sur


Trayecta Inmobiliaria


Empresas Carozzi


Teka Chile


Autofact


Mitta


FALP


BCI Corredora de Bolsa


Tronwell


EZ Farms/Tika


Work highlights


  • Assisted Empresas Carozzi with a consumer law case in which the parties reached agreement during a collective voluntary procedure.
  • Advising Pandora Jewelry Chile on all its consumer protection matters in Chile.
  • Advised Western Union on structuring and developing a consumer law compliance scheme.

Urenda, Rencoret, Orrego y Dörr

With longstanding experience in managing consumer and advertising law cases, Urenda, Rencoret, Orrego y Dörr's five-member group acts for mass consumer and retail companies in claims brought by consumers (both individually and jointly). Its track record includes successfully acting in judicial proceedings, class actions and administrative stages before SERNAC. The team is co-led by Juan Carlos Dörr Bulnes, whose workload regularly takes in consumer law cases; and dispute resolution specialist Juan Pablo Morales , who was raised to the partnership in January 2023. Associate María Francisca Saieh Fernández works alongside Bulnes and Morales on consumer and advertising law matters.

Practice head(s):

Juan Carlos Dörr Bulnes; Juan Pablo Morales Barros


Key clients

Sony Chile


Grupo Marina


Inmobiliaria E3


Pearson


Work highlights


  • Defended the interests of Sony against multiple individual consumer interest lawsuits.
  • Defended the interests of Grupo Marina against multiple individual consumer interest lawsuits.
  • Defended the interests of Inmobiliaria E3 against a lawsuit concerning the Law For The Protection of Consumer Rights and the General Law of Urban Planning and Construction.