The encyclopedia · Advertising & PR · Marketing decision · 2023
Claro Colombia sold 'unlimited' WhatsApp — the SIC said the fine print disagreed
June 2023: SIC fined Claro Colombia COP 730.8M — the '3x3' prepaid ad promised unlimited WhatsApp; video calls and full features were not included.
Comcel S.A. · 2023-06
What happened
Claro Colombia, operated by Comcel S.A., promoted a prepaid offer: 'Sim Card prepago 3x3 beneficios' — 'disfruta durante tres meses 21 GB; 7 GB cada mes + Whatsapp y Facebook ilimitados + minutos y SMS ilimitados'. The promise that sold the SIM was the word 'ilimitados'. Colombia's SIC then examined what unlimited actually meant.
The SIC found that 'unlimited' WhatsApp applied only to low-quality functions, that the ads did not specify which features were included, and that they did not say video calls could generate additional charges or be unavailable under the promotion. On 26 June 2023 it fined Comcel $730.8 million pesos for misleading advertising: the ads delivered 'información confusa' that 'podría inducir a error a los usuarios'. The fine print lived in the terms and conditions — not in the ad.
Claro defended itself saying all information was available in the terms and conditions of each service and that it 'actúa de manera transparente con sus clientes'; it announced appeals. The SIC's position was the opposite: an ad must carry the conditions of its own headline, and a fine-print repository somewhere else does not rescue a promise.
Why it happened
- 'Unlimited' was the selling point of the ad — and the product behind it was bounded: WhatsApp without video calls or full-quality functions.
- The limits existed in the terms and conditions, but regulators judge the impression the headline creates, not what a lawyer can find elsewhere.
- The SIC treated silence as deception: not saying that video calls might cost extra was itself information that induced error.
The lesson
A headline promise is judged on its own terms. If 'unlimited' has limits, the ad must carry them — terms and conditions living elsewhere do not correct what an ad says.
Aftermath
The sanction was open to appeal, and Claro said it would use every legal remedy. The case became Colombia's reference for 'unlimited' advertising: exclusions — video calls, quality caps, fair use — must be visible in the promotion itself.
Sources
- Asuntos Legales — La SIC sancionó a Claro por publicidad engañosa en oferta de redes y minutos ilimitados
- Zona Cero — Millonaria sanción de la SIC a la empresa Claro por publicidad engañosa
spotted an error? The club wants to know.
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