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26 January 2025

Profeco Steps Into Cinépolis's Guarantee Controversy

Following complaints over film Emilia Pérez, Profeco seeks clarity on refund policies.

The controversy surrounding the film Emilia Pérez has ignited public outcry and led to investigations by the Procuraduría Federal del Consumidor (Profeco) over the terms of the Cinépolis "Guarantee." Following the film's premiere on January 23, 2025, numerous viewers began questioning the legitimacy of claims made under this guarantee, leading to requests for refunds.

Initially touted as promotional assurance for quality, the Guarantee Cinépolis label misled many consumers who believed it implied they would receive their money back if dissatisfied with their experience. This misunderstanding became evident as complaints spread across social media just after the movie's debut. Men and women alike claimed they had expected to return their tickets for refunds, prompting anger and disappointment.

Well before the film's release, Emilia Pérez, directed by Jacques Audiard, had already caught public attention for its provocative themes. When audience members found the film lacking, they turned to social media to voice their frustrations, calling for monetary compensation. The clamor reached its peak when one outraged customer tweeted Cinépolis asking if they would receive refunds for their tickets, citing the "Guarantee" as their basis.

Responding to the controversy, Cinépolis quickly clarified its position. The cinema chain tweeted: "Hola. La Garantía Cinépolis es únicamente un sello de recomendación para el público. Agradeceré tu comprensión. 🙂" This statement attempted to distance the company from any promises of refunds, stating the guarantee is merely recommendatory, not contractual. This response only fueled the outrage among customers who felt misled by the marketing surrounding the film.

On January 22, 2025, Profeco stepped in, stating they had begun discussions with Cinépolis to clarify the terms and conditions of the "Guarantee.\" This federal agency highlighted the importance of accurate advertising and transparency under consumer protection laws. Profeco articulated, "Esta ley establece que la difusión de información o publicidad con leyendas como 'garantizado', 'garantía' o cualquier otra equivalente deberá ser veraz, comprobable y estar exenta de textos que induzcan error o confusión, engaño o abuso." These legal guidelines mandate businesses to provide clear, truthful communications so as not to mislead consumers.

The growing public discontent led Profeco to address the issue directly, seeking to protect consumer rights and demanding simple, transparent information about what the guarantee entails. They noted, "Derivado del reclamo de algunas personas consumidoras... la Profeco entabló pláticas con Cinépolis para precisar los términos y condiciones de dicha garantía." Consumers need assurance and clarity on how to activate guarantees when necessary.

Many customers expressed uncertainty about how they could reclaim their money, highlighting the vague terms and conditions associated with the Guarantee Cinépolis. To alleviate these concerns, Profeco urged individuals who wanted to file complaints to retain proof of purchase, whether digital or physical tickets, as they are necessary for any claims. They recommended reaching out directly to Cinépolis for resolution without needing to escalate issues formally.

While Cinépolis has pledged to review and potentially update its guidelines for the Guarantee, the company remains committed to ensuring ticket-buyers know what to expect. They are working closely with Profeco to fulfill the necessary legal requirements for consumer guarantees without misleading their audience.

This situation remains fluid; as the consumer complaint process continues, many viewers are left pondering the true nature of the "Guarantee" and its intended purpose. Will this be clarified soon, or will consumers find themselves out of pocket after expectations were raised unjustly?

For now, both Profeco and Cinépolis are negotiating terms to prevent future misunderstandings surrounding promotional offers, showing the importance of transparency when it involves consumer rights.

The ramifications of this controversy extend to the future of marketing practices within the cinema industry and how labels like Cinépolis's guarantee will be perceived by customers going forward.