Sernac is seeking compensation for those affected by the sale of counterfeit clothing at La Polar

The National Consumer Service (Sernac) has received nearly 300 complaints about the sale of counterfeit clothing in the formal La Polar store. For this reason, a lawsuit was filed against the brand in December 2022 demanding that those who bought counterfeit clothing be compensated.

In this regard, Andrés Herrera, national director of Sernac, assured that the class action is based on the fact that “there is an explicit statement from La Polar and a confidential agreement confirming that it has sold inauthentic clothing and there is is knowledge of various counterfeit brands such as Nike,” he said.

Herrera added that the brand “withholds information about its business model because it looks like a normal retailer where original clothes are sold, but it looks more like an outlet with second-hand clothes”.

“Even if the brands of the purchased garments have a canon of originality, Polar has incurred several infringements of the law because the garments do not correspond to the first selection. There is a lack of information for consumers who pay a price that is no less”, Indian.

Herrera noted that the class action lawsuit was filed after an investigation showed the clothing was counterfeit. He adds that “one of the brands with which La Polar had a contract since 2021 bought one of the garments that would have been produced by his company and, after carrying out an expert opinion, established that it was not original”.

On that occasion, Polar acknowledged that it had purchased these garments from a foreign supplier “in good faith”, believing that they were original. However, currently the company guarantees that the clothes they sell are original and that everything is in order.

At Sernac they reject La Polar’s first argument as fact because “foreign suppliers must have an agreement with the manufacturer brand to determine product surpluses for other markets, which La Polar does not have”. Additionally, “the company has to certify that the clothing it sells to the public is original. It can’t be that a company with that track record uses that argument,” Herrera added.

“The most important thing is that events continue to occur which explain the entry of irregular or counterfeit clothing into the brand. We do not know exactly how many shipments have been sold, which seems serious to us because it undermines the trust of formal commercial customers”, has indicated.

In this sense, Sernac is asking in the class action the return of the money spent by consumers for counterfeit clothing and compensation, both financial and moral, for the damage caused. It also requires fines that, with different infractions, can reach more than $180 million for each person affected coupled with these types of garments not being sold.

According to Sernac’s records, the sale of counterfeit clothing began at the end of 2020, although there is still no certainty because not all shipments are known.

Polar will be the entity that will make available the number of counterfeit garments sold and all the information necessary to identify those affected and provide compensation.

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