Unfair Commercial Practices
Our firm has an extensive expertise in unfair commercial practices and deceptive advertising, an area which is expanding greatly, given the growing attention to consumer protection of both Italian and EU legislators, as well as national consumer protection authorities.
Unfair commercial practices are conducts, including the advertising and sale of products or services, carried out in connection with the promotion, sale or supply of a product or service, which might potentially induce the consumer to make a commercial decision that otherwise the same would not have made, or provide him with misleading information as to his or her rights.
This area is strongly expanding, also as a result of the growing and pervasive Italian and EU regulations.
The Italian regulatory body is AGCM (Competition Authority) – General Direction for Consumer Protection, which is entitled to sanction infringing companies with a fine up to euros 5 million.
Our team provides solutions, which enable our clients to adjust their commercial practices to regulatory provisions, thus transforming compliance and transparency requirements into business opportunities.
Our clients have become prominent players in their relevant markets, also thanks to our constant and efficient collaboration with the competent EU and Italian institutions.
Our practice focuses on the following services:
- Drafting or audit of business terms and conditions, promotional communications and advertisements, on any media, including the web (e.g. newsletters, DEM, Google AD, leaflets, TV and radio commercials, flyers, banners advertisemens for apps, phone scripts, etc.);
- Organization of advertising campaigns and, in particular, preparation of adequate procedures and relevant written documentation;
- Training of staff, such as sales people, in particular with respect to outbound and inbound call centers and customer care units;
- Drafting of regulations for prize competitions;
- Consumer claims management;
- Representation in proceedings before the Competition Authority relating to unfair commercial practices;
- Recourse against decisions by the Competition Authority before Regional Administrative Courts and the State Concil;
- Lobbying before the compent EU and Italian authorities.