Prohibited to use terms

By Francisco Espinosa Reboa, Francisco Espinosa Bellido

The Supervising Organization for the Private Investment in Telecommunications (OSIPTEL) has accepted a formal complaint filed before them by the Peruvian National Council of Associations for Consumers and Users against the companies that provide access to mobile internet and non-mobile wireless internet.

The ruling prohibits those companies to use the term “4G” or “Fourth Generation” in relation to their services.

However, The Peruvian National Council of Associations for Consumers and Users considers that such ruling does not provide any relief to the consumers that have been affected by having acquired those services in the past years under the assumption that they were truly 4G internet connections and has decided to file an additional action against the corresponding companies, Olo del Perú, América Móvil (Claro) and Telefónica Móviles (Movistar), before the Unfair Competition Commission of INDECOPI for false advertising, requesting a precautionary measure to stop all the advertising that refers to a “4G” or “Fourth Generation” Internet connection when these connections do not have a substantially higher speed than those previously existing in the marketplace and identified as “3G”.

The Peruvian National Council of Associations for Consumers and Users has also mentioned that after the false advertising action is decided by INDECOPI and the administrative procedure is exhausted, it will promote a class action in favor of the affected consumers so that they can be indemnified.