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The Superintendency of Industry and Commerce (SIC) sanctioned seven funeral homes for violating the consumer rights. One of the companies was fined for violating consumer protection regulations related to information, publicity and rights of withdrawal and reversal of payment.
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The other six companies were fined for failing to comply with information requirements made by the Superindustry to verify, among others, modifications or restrictions in the provision of funeral services in connection with the covid-19 pandemic, hindering the inspection and surveillance actions of the authority.
These are the cases of violation of consumer protection regulations:
The Superindustry, Through Resolution 76497 of 2020, it sanctioned the Cooperativa Inversiones y Planes de la Paz Limitada (Cooinpaz Ltda.) with a fine of 70,224,240 pesos, for failing to comply with the rules that regulate the minimum information, the specific and objective conditions announced in advertising, promotions and offers and sales that use non-traditional methods.
The decision was adopted after carrying out the corresponding administrative sanctioning procedure, in which it was demonstrated that Cooinpaz Ltda. Offered funeral protection plans misleading consumers, By including objective statements about the elimination of the age requirement for membership and access to funeral services in your advertising.
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Thus, the SIC determined in this case that this company “did not guarantee the right that assisted consumers to be protected against misleading advertising, since the information provided in the advertising piece called ‘Additional benefits to which you are entitled’ Regarding the conditions or age requirements, it omitted information that was necessary for the adequate understanding of said advertising, leading consumers to believe that they could join without an age limit, when the clauses of the contract indicated exactly the opposite. “
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According to the Super, the company also did not “indicate to consumers the terms, conditions and restrictions to participate in the sweepstakes announced in the advertising piece called ‘Do you already have your compliance excellence bonus?’, So said advertising is it became misleading by transmitting an insufficient message, in which the conditions of time, manner and place to access the promotional activity were not indicated “.
According to the control body, the funeral home “did not indicate to consumers the term of validity of the promotion ‘Discount Voucher Presenting this coupon cancel only $ 30,000’, so that said advertising piece became misleading by transmitting an insufficient message regarding the time conditions surrounding said promotion. He did not sufficiently inform consumers, the conditions and procedure to exercise the rights of withdrawal and the reversal of payment, in sales by non-traditional methods that he carried out through the modality of untimely boarding “.
Other cases of non-compliance in the delivery of information
The Superindustry sanctioned six other providers of funeral services for not meeting the information requirements that were requested by this entity, in order to verify, among others, the modifications and restrictions in the provision of funeral services in the context of the covid-19 pandemic; the biosecurity measures implemented for the safe handling, transportation and disposal of corpses, and the information provided to consumers in this regard.
The sanctioned funeral service providers are the following:
Funeraria Inversiones y Planes de la Paz Ltda. received was fined 8,778,030 pesos; Funeraria La Mano Amiga, with 5,266,818 pesos; Exequiales El Refugio SAS, with 4’389.015 pesos; Compañía de Previsión Exquial del Estado Consuramericana SAS, with 6’144.621 pesos; Exequial Excellence la Esperanza SAS Zomac, with 8’778.030 pesos, and Funeral Assistance Ríos de Agua Vida SAS, with 7’022.424 pesos.
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