Lawsuit challenging requirement to include complaints channel on website. Estudio Olaechea is advising Compañía Hard Discount—a retail store officially known as Tiendas MASS—in an administrative lawsuit to challenge the requirement to have a complaints channel on its website. The client’s sales are conducted solely in brick-and-mortar stores, not online.
Injunction filed to prevent wrongful penalties: Our firm filed an injunction to prevent penalties for non-compliance with the unwarranted requirement. The injunction was granted, suspending the obligation and ensuring INDECOPI will not seize the client’s accounts for supposedly not meeting the requirement until a ruling is issued.
Precedent-setting case for future similar disputes: This case is significant because it is the first time the client has taken a matter to the administrative court. The outcome could set a judicial precedent on how such cases are resolved.
Latest development: The case is currently pending a decision before the trial court, and no ruling has been issued so far. Both parties will soon present their arguments before the judge.
