Tuesday, January 28, 2014

The National Director of SERNAC, Juan Jose Ossa, praised the ruling of Justice, as a basic right of

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The lawsuit was filed by the SERNAC in May 2012, after finding it on the website of the company and the state of mind that was sent to consumers in March 2012 message included "Our contract is 100% tailored to the requirements of the Financial SERNAC ".
According to the SERNAC, the company tried Polar mislead or deceive consumers, because at that time still no regulations that established the special provisions of the new law were passed, therefore, there were no objective parameters that would allow him company to verify this assertion.
After reviewing the record, the Court of Appeals of Santiago gave reason to SERNAC to determine that "it is wrong to say that a contract is adjusted to the rules of the Financial SERNAC if these rules were not specified by regulation at the time of broadcast advertising ".
The appellate court added that with this creative company undoubtedly convertible produced confusion in consumers who are in a position of weakness against convertible the company with regard to access to information.
Following this judgment, the company appealed to the Supreme Court by a complaint, but the appeal was rejected by the High Court of the country, ratifying the decision issued by the Court of Appeals. Right to accurate and timely information
The National Director of SERNAC, Juan Jose Ossa, praised the ruling of Justice, as a basic right of consumers, such as access to accurate and timely information convertible is confirmed.
"The law is clear: Companies in advertising can not mislead or deceive consumers. Creatives may be true, verifiable and never misleading, "said the authority.
Ossa added that the creation of the Financial SERNAC meant a huge step forward for consumers in this market, so it is not acceptable that companies taking advantage of their position of superiority in access to information, misuse of rules just was created to protect.
The Director stated that the Service SERNAC through convertible the Observatory Advertising and Business Practices, is constantly monitoring the advertising broadcast in our country convertible and acts whenever estimates that consumer rights are violated.
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