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Next Generation Partners

Firms To Watch: Consumer and advertising law

Baker McKenzie Chile‘s consumer and advertising law practice is co-led by highly regarded litigator Rodrigo De Valdés, whose practice includes consumer class action lawsuits, in conjunction with IP and life sciences specialist Valentina Venturelli, who routinely advises on advertising matters.

Consumer and advertising law in Chile

Barros & Errázuriz

The enviable track record of Barros & Errázuriz's 11-member team includes class actions and mediation procedures involving the Chilean Consumer Law Authority (SERNAC). The practice covers a broad range of industries, including public services and utilities (water distribution and mail), telecoms (mobile services and satellite TV), education, real estate and healthcare. The practice is jointly led by civil and commercial litigation and arbitration specialist, Javier San Martín, who routinely assists with consumer matters and class actions; competition and antitrust expert Luis Eduardo Toro; David Cademartori, who focuses on administrative and public law, but is also experienced in competition and antitrust matters (particularly within the telecoms and energy sectors); and José Luis Corvalán, whose specialisms include consumer law. Among the firm's senior associates, litigation and arbitration-focused Isidora Fernández is highlighted. Cristián Pérez left the firm for real estate holding Pasmar in January 2022.

Testimonials

Good knowledge of our business, and the availability of partners and senior associates for our legal department.

Key clients

Aguas del Valle

Essbio

Inmobiliaria Plaza Egaña

Direct TV

Sky

Mundo Pacífico

Bruno Fritsch

Correos de Chile

Inmobiliaria Aconcagua

Inmobiliaria Casonas de Marbella

Universidad Andrés Bello

Inmobiliaria Loga

Didi

Socovesa

Work highlights

  • Acted for Aguas del Valle in three class actions concerning damages claims for service interruption and alleged illegal charges.
  • Defended ESSBIO against two class actions filed by over 2000 neighbours of Coronel, claiming payments of $9000 for each consumer to compensate for damage caused by the alleged turbidity and pollution of ESSBIO-distributed water.
  • Defended Inmobiliaria Plaza Egañ against a lawsuit brought by Conadecus (large consumer association in Chile), which requested compensation for the residents of a building because of alleged construction and heating system defects.

Carey

The advertising and consumer law practice at full-service legal giant Carey is particularly active in voluntary collective procedures before SERNAC; advertising, marketing and recall campaigns; safety and warranty policies; and importing and commercialising products in the Chilean market. Another area of strength is e-commerce, while the group also has broad litigation experience in class and individual actions surrounding product liability, misleading advertisements, consumer safety and contractual compliance. The practice co-heads are Guillermo Carey  and Aldo Molinari  , whose recent activities include co-leading the defence of General Motors Financial Chile against a SERNAC-filed class action for allegedly infringing consumers’ rights in relation to extrajudicial collection practices. At associate level, Mónica Pérez's broad litigation and commercial arbitration practice includes consumer protection mandates, and Kureusa Hara  is an up-and-coming lawyer who focuses on advertising legislation and consumer regulation. Former senior associates María José Martabit and Eduardo Reveco both exited the firm in late 2021 (for an academic role at the University of Washington and PAGBAM Schwencke Chile, respectively).

Practice head(s):

Guillermo Carey; Aldo Molinari

Testimonials

Carey’s team was crucial to making successful progress on consumer remediation processes and the certification of internal processes that give guarantees to consumers. We have achieved a very close and collaborative working relationship, with a high level of commitment and focus on the client.

Carey’s team has a high level of training and experience, as well as relationship skills that facilitate collaborative work. The high level of knowledge in specific matters gives us peace of mind – a pillar of support for our work.

Key clients

Adidas Chile

Adobe

Ald Automotive

Algramo

Atika

Banco Internacional

Bayer

Blanco y Negro

BMW

Booking.com

Brother Global

Canada Goose

Cerro Paine

Clorox Chile

The Clorox Company

Comercializadora Asiamerica Compañía

Cooper Tire

Decathlon

Dunnhumby Chile

Empresas Iansa

Epson America

Essity North America

FEIN

Galderma Chile Laboratorios

General Motors Financial

Golden Goose

HSBC Bank

Herbalife

Hughes de Chile

HunterDouglas Chile

Iansagro

Isapre Cruz Blanca

Kaizen Gaming International

Kraft-Heinz

Laboratorios Andrómaco

LDA

Lemonbank

Mastercard International

Mercado Libre Chile

Meta

Nestlé Chile

Not company

Nu Skin Enterprises Chile

Pepsico

Evercrisp Snack Productos De Chile

Porsche Volkswagen Servicios Financieros Chile

Softys Chile

Starlink Chile

Toyota Chile

WOM

Yandex.Go Israel

Work highlights

  • Assisted LDA with a national recall process carried out before the Servicio Agrícola Ganadero and SERNAC.
  • Defended WOM against a class action that was filed by an association of consumers, ASOCOT, in relation to alleged infringements of the Consumer Protection Act (particularly advertising regulations).
  • Acted for Adidas in several matters, including a judicial action filed by SERNAC, which was based on alleged infringements of offers and promotional regulations.

FerradaNehme

The consumer and advertising law practice at FerradaNehme consistently assists mass-market companies with litigating individual consumer disputes, as well as class actions. The 'competent team of highly specialised professionals' is also sought out for its representation of clients before SERNAC, and has notable experience in voluntary collective procedures. Additional expertise includes the design and improvement of prevention and consumer-related compliance models. Heading up the department, Stella Muñoz is an expert in consumer protection law, privacy and personal data protection, as well as related proceedings - particularly complex class actions. Muñoz’s track record also includes handling regulatory issues for multinational company VTR Comunicaciones, in relation to television, internet, and fixed and mobile telephony matters. Dispute resolution specialist Nicolás Ubilla is also active in the group; while among the associates: senior Nicolás Morales focuses on intellectual and industrial property, litigation and consumer law; Aníbal Korn is an active litigator; and Arturo Arriagada's practice takes in consumer law, financial regulation and data protection.

Practice head(s):

Stella Muñoz

Testimonials

A competent team of highly specialised professionals with remarkable availability.

Active participation in regulatory updates and their potential impacts. Billing is clear and according to the services provided. Good use of technology during the pandemic process and high availability in case of incidents.

Knowledge and analytical and problem-solving capacities when dealing with sensitive issues – fast and efficient attention with great technique and knowledge.

Communication is fast, fluid and complete, papers are delivered so as to address all aspects of our queries, and they constantly send relevant information of interest to us. The closeness and diversity of the team allows good collaborative work.

Stella Muñoz is great for her global vision of problems and drive to identify and implement solutions.

Stella Muñoz is an expert lawyer in her area – clear, precise and uses friendly language for people who are not lawyers. She also has an analytical approach.

Associate Arturo Arriagada is clear in his approach – he studies the issues to give complete and accurate responses, and treats people in an excellent manner.

Associate Aníbal Korn is known for his rigour and capacity for work.

Key clients

VTR Comunicaciones

Walmart Chile

Sky Airline

Natura Cosméticos

Aguas Andinas

Lotus Producciones

Iplacex

Parques de Chile

Gimnasios Chile NLC

Empresas Indumotora

Prosegur Chile

Work highlights

  • Representing VTR Comunicaciones in several class actions initiated by SERNAC (as well as three consumer associations), in relation to the company’s internet service provision during the first months of the Covid-19 pandemic.
  • Assisted Sky Airline with a collective voluntary procedure initiated by SERNAC, which concerned the alleged failure both to inform passengers of their rights and refund boarding fees in the event of flight cancellation.
  • Carried out a consumer law compliance programme for a public services company.

Cariola Díez Pérez-Cotapos

Cariola Díez Pérez-Cotapos' consumer and advertising law practice routinely acts for major advertising clients, while also assisting with heavyweight litigation and non-contentious advice surrounding food products’ labelling. The department additionally has impressive experience in acting before the Self-Regulating Advertising Board (CONAR), while in consumer-related work, the team assists with companies with consumer claims. Leading the technology, privacy and media group, Rodrigo Lavados is an IP specialist, whose practice also covers consumer protection; competition law practice head Juan Cristóbal Gumucio provides additional partner-level support; and senior associate Gabriel Pensa's broad practice expertise includes advertising, consumer protection and food labelling. In October 2021, former senior associate  Felipe Fernández left the firm to become a partner at Ernst & Young (Santiago).

Pumpin, Dorfman, Nasser, Diaz (PDND)

'Honest, smart and available', the seven-member team at boutique firm Pumpin, Dorfman, Nasser, Diaz (PDND) routinely advises leading companies from the telecoms, supermarket, retail, fuel, parking, and private-highway concessions' industries on consumer law issues. The group’s legal assistance covers accidents on commercial premises, thefts in parking lots, fuel contamination and accidents at service stations, and terms-and-conditions' disputes over commercial offers. Other key areas include telephone-equipment warranties, class-action defence work, claims involving faulty products and false advertising, and online sales and stock certification complaints. In addition to jointly overseeing the firm’s insurance practice, Ignacio Díaz is a commercial, transport and consumer-protection law expert.

Practice head(s):

Ignacio Díaz

Testimonials

Open, expedited and understandable communications.

Lawyers who are honest, smart and available 24/7.

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

  • Ongoing advice to WOM regarding consumer rights law.
  • Ongoing advice to Adidas Chile regarding consumer law issues.
  • Ongoing advice to Chilean beverage company, Compañía de Cervecerías Unidas, regarding consumer-law issues.

Albagli Zaliasnik

Albagli Zaliasnik‘s clients benefit particularly from the firm being a founding member of the Global Advertising Lawyers Alliance, which affords access to a network of law firms in over 65 countries. Locally, the six-member consumer and advertising law team is led by trade mark and patent expert Eugenio Gormáz , with competition, dispute resolution and IP specialist Ariela Agosin   also regularly involved in advertising law and consumer law cases. At associate level, senior Dafne Guerra  ‘s practice includes both litigation and consumer law-related corporate advice; the practices of fellow senior Juan Pablo Zamora , and associate Gonzalo Bravo , also take in consumer law. Former IT, privacy and media director, Oscar Molina , moved in house at BHP in August 2021.

Practice head(s):

Eugenio Gormáz

Testimonials

Good analysis and understanding of our business.

Albagli’s team has extensive experience in the field of advertising.

Incredible expertise, and very knowledgeable and practical.

The lawyers know their stuff – my absolute go-to firm in Chile.

Both Ariela Agosin and Eugenio Gormáz have unique knowledge and experience in the area. Their answers are clear, direct and timely.

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

Little Caesar Enterprises

Empresas La Polar

Konami

NBCUniversal

Budnik Hermanos

Abbott Laboratories

Industrias San Miguel

Unifood

Comercial Libesa

Work highlights

  • Successfully assisted Empresas La Polar with an ex-officio action by CONAR against the internet advertising of underwear products for children.
  • Assisted Little Caesar Enterprises (an American multinational pizza chain) with reviewing the advertising campaign of LC and Warner Brothers, in relation to a new Batman film.
  • Advised US company Snap on several issues surrounding Chilean cryptocurrency regulation, particularly cryptocurrency advertisements.

Urenda, Rencoret, Orrego y Dörr

Urenda, Rencoret, Orrego y Dörr's five-strong team regularly advises on significant consumer and advertising law cases. Notably, in the consumer law space, the practice defends mass consumption and retail companies against claims brought by consumers (individually or jointly). Leading the team, Juan Carlos Dörr Bulnes' current case load includes representing several companies in cases before the national courts and governmental regulatory agencies, including on consumer law matters. Providing key senior associate-level support, Juan Pablo Morales is experienced in consumer law-related disputes before the ordinary, special and appeal courts, as well as the Supreme Court.

Practice head(s):

Juan Carlos Dörr Bulnes

Key clients

Sony Chile

Inmobiliaria Mall de Viña del Mar

Inmobiliaria E3

Pearson

Work highlights

  • Defended Sony in multiple individual consumer interest claims.
  • Defended Inmobiliaria Mall Viña del Mar in multiple individual consumer interest claims.
  • Defended Inmobiliaria E3 in a case involving the Law for the Protection of Consumer Rights and the General Law of Urban Planning and Construction.