Five fundamental recommendations when joining commercial actions to avoid claims and litigation.
Who hasn’t been tempted by the offers in advertisements that mobilize all the senses? A bombardment of well-thought-out images with their play of colors, textures, and rhythms seems to pursue us under the influences of seduction… and the artifice of advertising. As consumers, we are exposed to it 24 hours a day through audiovisual, graphic, street, social media, etc. It seems impossible to escape its effects, which reach our unconscious, whether we want it or not. However, from the advertisement (or expectation) to the fact (or reality), there is a long way to go, and in many cases, an abyss: not everything tends to be as promising as it appears at first.
An ad, a claim, and a fast-food chain
A famous case regarding the deceptions to which we are often exposed is that of Justin Chimienti, who sued the fast-food chain McDonald’s for promoting a burger size that wasn’t real. According to the plaintiff, he confirmed that the meat used in the ads is not as cooked as the one finally served; this makes the product seem up to 20% larger in the advertisements. Additionally, the lawsuit explains that the defendant’s actions are at least concerning when considering factors such as inflation, food, and high meat prices, understanding that many consumers, especially those with fewer resources, struggle financially every day. Although, up to this point, the fast-food chain has not made a statement, the lawsuit seeks compensatory and punitive damages.
#BlackFriday: five recommendations to avoid potential legal conflicts
It is likely that cases like the ones mentioned above and others that are not exclusive to the food industry will continue to come to light. However, in times of #BlackFriday, the famous Friday that kicks off the holiday shopping season with huge discounts and promotions, taking precautions regarding the development of offers and promotions is crucial.
At ERP Lawyers, we share five important points in these types of actions to avoid potential legal conflicts:
- Every consumer must be clearly informed and not misled. Therefore, it is the responsibility of the commerce to sufficiently communicate with its customer or potential customer.
- If the product/service on sale is under promotion, the commerce must clearly indicate the previous price and the promotional price. Raising prices beforehand or misrepresenting the previous value is reportable to the MEIC (Ministry of Economy, Industry, and Commerce) and carries a fine.
- Every offer must indicate the time limit or the limit on the quantity of stock. Otherwise, a consumer could claim the promotion even after the period internally established by the company has passed.
- Regardless of whether the product is on promotion or not, the commerce is obliged to honor the warranty as established by the Law.
- All advertising related to non-current promotions must be removed from the commercial premises and social media.
No one wants the best day of the week to be tainted by another color: seeking advice from a specialized team of experts on these types of commercial actions that provide security is crucial. A guarantee that the terms established by the Law will be respected, and that claims and possible litigation will be avoided.
