Colombia. The Directorate of Consumer Protection Investigations of the Superintendence of Industry and Commerce, SIC, through Resolution 48208 of 2015, imposed fines in the first instance on 15 manufacturers, importers and marketers of televisions, for failing to comply with the minimum information they must provide to consumers.
The violation of the regulations issued by the Communications Regulation Commission (CRC) and the Superintendence of Industry and Commerce (SIC) for the sale of televisions, will make the sanctioned companies pay fines for a total value of two thousand four hundred and sixteen million three hundred twelve thousand five hundred pesos ($ 2,416,312,500.oo)
In particular, the sanctions originated in the failure of manufacturers, importers and marketers to indicate to consumers whether or not the televisions for sale are authorized to receive Digital Terrestrial Television (DTT) with the DVB – T2 standard chosen for Colombia, since the country is in the process of migrating from Analog Television to Digital Terrestrial Television (DTT) scheduled for 2019, in what is known as the "analog blackout".
The objective of the current legislation is that Colombian consumers, buyers of televisions in the national market, are sufficiently enlightened when making purchases of the same in order to make informed and conscious decisions about the true scope of their acquisitions, because not otherwise they could know if their televisions are compatible with Digital Terrestrial Television or not.
Administrative investigation
In September 2013, the Directorate of Consumer Protection Investigations of the Superindustry, began preliminary investigations, in order to verify compliance with the different special information obligations by manufacturers, importers and marketers of televisions against the compatibility or incompatibility of televisions against Digital Terrestrial Television (DTT).
To this end, several administrative inspection visits were carried out to different market agents in Bogotá, in which the procedure for the sale of televisions and the information provided to the public on these products, as well as their websites, were verified.
After analyzing the information collected in the administrative visits of inspections, the Superintendence of Industry and Commerce formulated a Statement of Objections against those investigated, for alleged violations of articles 23 and 24 of Law 1480 of 2011 (Consumer Statute) and its Single Circular version 2011, derived from the possible breach of the special information obligations on the new Digital Terrestrial Television (DTT) system and the compatibility of televisions offered to consumers.
After exhausting the respective administrative procedure, the Superintendence of Industry and Commerce, by Resolution 48208 of 2015, resolved to sanction in the first instance fifteen (15) companies investigated for violations of the Consumer Statute (Law 1480 of 2011) and the special regulations issued by the Communications Regulation Commission (CRC) and the Superintendence of Industry and Commerce, Like this:
Appeals against the sanction
Against the sanctions imposed by TWO THOUSAND FOUR HUNDRED AND SIXTEEN MILLION THREE HUNDRED TWELVE THOUSAND FIVE HUNDRED PESOS ($ 2,416,312,500.oo) equivalent to THREE THOUSAND SEVEN HUNDRED AND FIFTY MINIMUM LEGAL MONTHLY WAGES IN FORCE (3,750 SMLMV) to fifteen (15) companies manufacturers, importers and marketers of televisions, for failing to comply with the minimum information they must provide to consumers in accordance with the regulations issued by the Communications Regulation Commission (CRC) and the Superintendence of Industry and Commerce (SIC), proceed with the appeals for replacement and appeal before the same Entity.
