Nowadays, advertising has become the main mean to capture the attention of consumers and convert them into potential customers. Advertising is defined as any form of message that is disseminated, in any way, in the exercise of a commercial, industrial, artisan or professional activity with the purpose of promoting the sale of movable or immovable property, the constitution or transfer of rights and obligations, or the rendering of services, as well as the dissemination of specific ideas.

Every merchant who advertises his goods or services must pay special attention not to mislead or deceive the consumer. For this reason the nature and characteristics of the goods advertised, the public to whom the message is addressed, and the medium to be used must always be kept in mind.

In the event that any of the above requirements are not met by the merchant and the advertising misleads or deceives the consumers, the merchant must be obliged to rectify the advertisement, pay for it and disclose the truthful or omitted information, by the same means and in the same manner previously used.

Below, we list a series of good practices that govern the offer, promotion and advertising of goods or services, which must be applied by all merchants:

1. Advertising must not be false or abusive, nor may it contain any statement or visual presentation that directly or indirectly, by assertion, omission, ambiguity or exaggeration, may reasonably lead to consumer confusion.
2. The merchant must guarantee the existence of what is being promoted during the term of the promotion, it is not valid, for example, to advertise discounted items, if there is no availability of some of them; therefore, generating a false expectation to the consumer.
3. In the offer, in the case of limited products, the merchant must inform the quantity of products or items available during the term of the promotion.
4. If it is a special promotion, it is necessary to indicate any limitation or restriction of the offer, the previous price of the good or service and the new price or benefit that is being generated to the consumer.
5. The price offered may not be subject to change without prior notice.
6. If there are regulations on the offer, they must be available and easily accessible to the customer.
7. The merchant may use institutional logos such as that of the MEIC only with prior authorization, otherwise it is subject to fines.
8. The merchant may not establish surcharges, nor establish minimum purchase amounts, nor eliminate discounts for the use of debit and credit cards.
9. The merchant must inform the consumer in the Spanish language.

Failure to comply with any of the listed obligations entitles the consumer to go to the National Consumer Commission or to the competent jurisdictional bodies and enforce his rights. Do not risk to penalties or fines, if you want more information about your obligations ERP Lawyers has a specialized team that will gladly assist you, do not hesitate to contact us at info@erplawyers.com