When Advertising Any Promotion, Watch Your Words If You Are In Argentina

Author:Ms Paula Fernandez Pfizenmaier (PAGBAM IP)
Profession:Global Advertising Lawyers Alliance (GALA)

In a recent case, a consumer claim was filed against AMX Argentina S.A., the Argentine subsidiary of the Mexican mobile company Claro. A consumer claimed that she had participated in a promotion, in which a Mini Cooper was offered. What was not clear was that the promotion was only to win the right to participate in a raffle for the Mini Cooper.

The Plaintiff filed a complaint against AMX Argentina S.A., claiming breach of contract. The complaint stated that on November 2, 2008, the Defendant had sent a text message to her mobile phone inviting her to participate in a trivia contest for winning a brand new Mini Cooper. According to the message received, she had to send a text message with the word "mini" to the number "333", and AMX Argentina S.A. would charge her $2.99 per message. The promotion consisted of answering questions sent by the Defendant, and texting back the response through different text messages.

After answering the questions and having received messages from the Defendant confirming the correct responses, on November 3, 2008 the company informed her that she had succeeded in amassing 39.500 points in the process, the highest number of points in the promotional game. Consequently, the Plaintiff considered herself to be the winner and attempted to claim the prize (the Mini Cooper). After calling a customer service number, the company explained to her that what she had won was the right to participate in a raffle for a Mini Cooper car conducted by the National Lottery.

For starters, the Plaintiff filed a claim before the Consumer Rights Bureau. At this stage, the parties had a hearing, but did not settle the case. The Plaintiff...

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