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Indecopi Fines Win S/474,812.50 for Misleading Internet Ads

The first-instance ruling orders immediate cessation of 42 ads, with a defined window for appeal.

Overview

  • Indecopi’s Unfair Competition Commission acted on a complaint by América Móvil and concluded that 42 Win ads misrepresented service speed and reliability.
  • Investigators cited phrases such as “Con WIN no tendrás retrasos en tu señal” and “Con el plan más veloz, navega al toque y sin complicaciones” as lacking objective substantiation.
  • Penalties were individualized by ad based on reach and diffusion across platforms including Facebook, Twitter, Instagram, and YouTube, with some fines exceeding 10 UIT per piece.
  • The resolution orders the immediate and definitive halt of the identified advertising to prevent further dissemination.
  • Part of the complaint was declared unfounded, and both companies remain within the legal period to appeal to Indecopi’s Specialized Competition Chamber.