Consumer protection law is now an essential consideration for any operator on the B2C market: the issues to think about include pre-contractual information, advertising, pricing, contract type and content, contract formation methods, warranties and rules on liability, after sales, the system of grey and black unfair contract terms and the new rules on related sales.
Although the French Consumer Code was amended during 2016, in particular in order to provide better information to consumers and give greater visibility to professionals, the applicable rules are many and complex.
B2C professionals need to pay special attention to their obligations with regard to pre-contractual or warranty information. Vigilance is all the more necessary because, in addition to large penalties, businesses are now exposed to the risk of class actions. It is now absolutely essential to take into account the provisions of consumer protection law in business processes.
Also, the scope of application of consumer law is expanding, and this will potentially affect businesses which only have B2B relations. For example, distance selling for companies with fewer than five employees is now subject to certain provisions of the French Consumer Code.
In addition to these general rules, there are specific obligations, depending on the retail method used (e-commerce, distance selling, doorstep selling etc.) and the type of contract involved (e-communications, energy supplies, consumer credit and financial services, alcohol, tobacco etc.).
Magenta tackles all these issues in order to provide operational advice and pragmatic solutions to any company that offers products or services to consumers.
Magenta mainly operates in the following areas:
- Advice on structuring marketing/distribution processes (distance selling, doorstep selling, telephone selling and e-commerce).
- Advice and drafting of general terms of sale and other contractual documents.
- Assistance with preparing promotional campaigns (games, competitions, lotteries, prize sales, price reduction announcements, sponsorship etc.).
- Advice and validation of non-media and press advertising, and of radio or television advertisements (including comparative advertisements).
- Advice and representation in legal disputes (legality of advertising, demands for the termination of illegal advertising and/or claims for compensation).
- Assistance and representation in connection with inspections and investigations by the DGCCRF (Competition, Consumer Affairs and Fraud Prevention Agency) and in criminal proceedings.
Some of our recent assignments :
Assistance with an inspection carried out by the DGCCRF or the local DIRECCTE agency, resulting in the unblocking of transactions.
Assistance with the validation of promotional campaigns (price reductions, loyalty programmes, prize competitions and lotteries).
Drafting of terms and conditions of sale for clients in the telecoms and hotel sectors.
Validation of comparative and non-comparative advertising campaigns.
A commercial dispute dealing with a multimedia national advertising campaign (press, TV, billboards) for an Internet service provider.
Assisting a mobile telephone operator in a commercial case, in multiple disputes that led to the validation of several of its comparative and non-comparative multimedia advertising campaigns (press, TV, billboards).