Banks Are No So Friendly

GA
Global Advertising Lawyers Alliance (GALA)
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
BAVARIA, the major beer producer in Colombia, issued a campaign called "The Friendship Bank". This, rose several concerns, around the consumer protection authority, the financial...
Colombia Consumer Protection
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BAVARIA, the major beer producer in Colombia, issued a campaign called "The Friendship Bank". This, rose several concerns, around the consumer protection authority, the financial authority and Banks in general. So, an investigation began.

The word "Bank" must only be used by entities duly surveilled by the Financial Superintendence. However, the Financial Superintendence, after reviewing that such word along the term "de la Amistad" - (the friendship), did not referred to financial activities and was never promoted as such, concluded that did not infringe the financial regulation.

Nevertheless, the Consumer Protection Authority was not so easily convinced and requested further information concerning the marketing campaign. After receiving said information, the Consumer Protection Authority raised several complaints regarding the campaign "The Friendship Bank". Hence, after completing the administrative proceeding BAVARIA was fined for deceiving information.

The marketing campaign, used the following phrases:

  • The arrival of a new bank
  • The arrival of a new coin
  • The invitation to invest
  • The possibility to open an account
  • The possibility to save

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With the intervention of the Financial Superintendence, BAVARIA had to change the way it was communicating with consumers, to avoid any confusion and clarified that it was not a bank and that it did not provide any financial service.

Based on the above, the advertisement was deceiving, as BAVARIA offered the idea of a beer attached to a financial activity. Nonetheless, the true message was to persuade consumers to acquire an alcoholic beverage through a promotion with different incentives.

Moreover, BAVARIA purposely omitted important elements for the decision-making process of the consumers. This is obvious when it had to change the way it was communicating based on the orders given by the Financial Superintendence.

Hence, BAVARIA was fined with approximately USD$42,550, and the decision cannot be appealed any further.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Banks Are No So Friendly

Colombia Consumer Protection
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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