Gloria Camargo
The Superintendence of Industry and Commerce imposed a $730.8 million fine on Comunicación Celular SA, known as Comcel SA or Claro, for disseminating misleading advertising in an offer of unlimited minutes and networks. According to the entity, the mobile communication services company provided confusing information in its promotional ads, which could lead to errors for users.
The promotion in question, called “Prepaid Sim Card 3×3 benefits”, offered customers to enjoy 21 GB of data for three months, 7 GB for each month, as well as unlimited WhatsApp and Facebook, unlimited minutes and SMS. However, the Superintendence of Industry and Commerce determined that there was a lack of clarity in the information presented in the advertising pieces.
In particular, it was highlighted that while unlimited use of WhatsApp was promoted, it only referred to low-quality features without specifying what they were. In addition, it was not clarified that video calls could generate additional charges or, failing that, not be available within the aforementioned promotion.
It is important to highlight that Claro still has the option of filing reversal appeals before the Directorate of Investigations for the Protection of Communications Services Users and appeals before the Office of the Superintendent delegated for Consumer Protection. Therefore, the sanction has not been finalized and the company can exercise its right to defend itself.
The Superintendence of Industry and Commerce aims to protect the rights of consumers and ensure transparency in business practices. In this case, it considered that Claro’s misleading advertising caused confusion among users, who could have made decisions based on incorrect or incomplete information.
It is essential that communication service companies comply with established regulations and provide clear and accurate information to their customers. Advertising must be truthful and transparent, avoiding any type of deception or confusion that could harm consumers.
The fine imposed on Claro by the Superintendency of Industry and Commerce is a reminder to all companies of the importance of complying with regulations and protecting consumer rights. As the appeals process progresses, it will be interesting to see how this case develops and what additional steps could be taken to ensure transparency in advertising for mobile communication services.