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Consumer law is currently a major consideration for any economic operator on the business-to-consumer market.

Both at a Community and national level, there is a substantial number of rules protecting consumers and they are constantly changing. All the stages of the commercial relationship are included: pre-contract information, advertising, price display, form and substance of the contract, conditions for the conclusion of the contract, warranty and liability, customer services, etc.

To these general rules can be added specific obligations linked to the marketing techniques (e-commerce, distance-selling, door-to-door sales, etc.) and to the nature of the contracts involved (electronic communication services, energy supply, consumer credit and financial services, alcoholic beverages, tobacco, etc.).

Magenta’s lawyers fully master these issues to provide operational assistance and practical solutions to all businesses developing products or services targeting consumers.

Our main areas of expertise are :

  • Advice on the preparation of marketing/distribution processes (distance-selling, door-to-door and phone marketing, e-commerce)
  • Assistance and drafting of general terms of business and contractual documents (regulation of consumer information – price advertising and information on products or services, drawing up notices for consumers)
  • Assistance with the preparation of marketing campaigns (taking into account regulations relating to games, contests and lottery, cross-merchandising, price discount announcements, sponsoring, etc.)
  • Advice and validation of advertising documents whether it is below the line marketing, in the press and via television advertisements (including comparative advertising). Legal support in relation with steps taken by advertisers and advertising agencies before the ARPP (French advertising self-regulatory organization)
  • Assistance and representation in legal proceedings (legality of broadcasted adverts, requests to end the broadcasting of an illegal advert and/or indemnity claim)
  • Regular legal support on any question involving consumer law (for instance, questions relating to abuse of weakness, conditional sales, forced sales or shipments, discount sales, close-out sales …)
  • Assistance and representation pursuant to controls and investigations by the French competition authorities (DGCCRF) and before the criminal courts.

With their recognized expertise on all these issues, Magenta's lawyers often take part in major conferences relating to these questions and have had the opportunity to write many articles on the subject.

Recent interventions of Magenta’s lawyers :

  • Drafting of general terms of business for offers in the telecommunication sector
  • Validation of advertising campaigns, comparative and non-comparative
  • Successful litigation before the commercial courts that led to the modification of a national media advertising campaign (press, TV, posters) for an Internet access offer.

Magenta Société d'Avocats
60, Rue La Boétie
75008 Paris, France
Tel: +33 (0)1 42 25 65 01
Fax: +33 (0)1 42 25 10 74
contact@magenta-legal.com

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