Consumers are exposed daily to a multitude of commercial messages in various formats, offering products and services through brochures, catalogs, signage, storefronts, TV and radio ads, internet advertising, social media, and more. Sometimes, the advertising we receive can be illegal due to being unfair, misleading, and aggressive.
The General Directorate of Consumer Affairs of the Andalusian Regional Government highlights guidelines or recommendations to know how to properly respond to advertising messages. All information disseminated by a company in its advertising must be accurate and sufficient so that the consumer can make an informed purchasing decision.
One of the most recognizable messages is that of aggressive advertising. Above all, products or services should not be purchased impulsively based on advertising, but by reflecting on the need to buy that product or hire the service.
We must contemplate and make the decision to purchase consciously and freely, and therefore, we should not be pressured by aggressive advertising – for example, during sales – indicating that there are very few items for sale, that the offer is short-lived, that it is a unique opportunity, or similar statements. We must be vigilant when we receive messages like «advertising valid while stocks last,» «limited units,» «Offer/price valid unless typographical error,» or «until stocks last.»
Everything stated in advertising is binding, meaning it must be complied with by the company. For this reason, it is essential to keep all advertising documentation, as it could be very useful as evidence in case of potential claims.
If gifts are offered with the product or service in the advertising, or we notice that prices are unreasonably low (or even free), we must exercise special caution and read carefully the terms to which those gifts or promotions are subject.
There are advertising conduct rules that companies voluntarily accept and are known as self-regulation codes. Self-regulation must be truthful, legal, honest, loyal, and beneficial for consumers, companies, and the market in general. Additionally, it also provides consumers with a mechanism like the Advertising Jury, a free, agile, and effective system for handling advertising-related complaints. Once a company has accepted a self-regulation code, compliance with the established rules is mandatory.
Any individual consumer with a legitimate interest in challenging certain advertising by a company subject to self-regulation instruments has the right to use those mechanisms.