ARTICLE
8 September 2023

When The Failure Comes With Extra Flair

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Global Advertising Lawyers Alliance (GALA)

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With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
During the COVID pandemic, the prohibition of assisting live sporting events benefited those in charged with its transmission. This was the case of WIN SPORTS S.A.S., who is the only authorized streaming...
United States Media, Telecoms, IT, Entertainment
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During the COVID pandemic, the prohibition of assisting live sporting events benefited those in charged with its transmission. This was the case of WIN SPORTS S.A.S., who is the only authorized streaming platform for Colombian National League Soccer. While the pandemic, the subscriptions increased in order for the consumers to access, by the only mean possible, to the sporting events.

However, the Superintendence of Industry and Commerce received several claims from consumers, due to impossibility to access the service, service outage, service failover, among others.

Once investigated, the Superintendence of Industry and Commerce found that multiple failures were recorded in the service provided. Thus, it ordered to inform consumers, within its terms and conditions, of the circumstances that may generate intermittence or latency in the service, as well as to include a risk management procedure in order to identify and evaluate possible failures and implement mechanisms to avoid them.

Moreover, the WIN SPORTS S.A.S., was fined on the amount of USD$71,000.

Consequently, it is important to inform the consumers, from the beginning, about the risks and eventualities that can occur within the service.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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