Advertisements Promising "Guaranteed Italian Citizenship or Money Back" May Constitute Irregular Commercial Practice Under Consumer Protection Code

Advertisements promising "guaranteed Italian citizenship or money back" may constitute an irregular commercial practice in light of the Consumer Protection Code (CDC), according to an alert from lawyer Andrew Montone reproduced by Italianismo. The recognition of citizenship depends exclusively on Italian authorities — whether administrative or judicial — which makes any promise of certain results potentially misleading information to the Brazilian consumer.

The issue gains relevance at a time when the number of descendants of Italians seeking citizenship recognition through the judicial route is growing, following the restrictions imposed by the Tajani Decree (DL 36/2025, converted into Law 74/2025) on administrative and consular access for more distant generations. In this scenario, the supply of private advisory services is also growing, many of them using this type of advertising to attract clients.

What lawyer Andrew Montone says

According to Italianismo, Montone draws attention to a central point: the recognition of Italian citizenship does not depend on the contracted company, but on the decision of Italian authorities — whether a judge in the case of the judicial route, or an administrative body, in cases still permitted by that route. No advisory service, no matter how experienced, has decision-making power over the process.

According to the lawyer, this type of promise — "citizenship guaranteed or your money back" — has a clear commercial function: to reduce the consumer's perception of risk. By suggesting that there is no chance of failure, the company facilitates the sale of a service that, in practice, is subject to variables outside its control, such as judicial decisions, documentary requirements, and legislative changes in Italy.

This commercial logic, warns Montone, may constitute a violation of consumer protection norms in Brazil, as it creates an expectation that the very nature of the service does not allow guaranteeing.

How the Brazilian CDC applies to this case

The Consumer Protection Code contains provisions directly related to this type of commercial promise. As pointed out in the Italianismo report, Article 35 of the CDC provides that when the supplier fails to fulfill the offer, presentation, or advertisement published, the consumer may demand the forced performance of the obligation, accept another equivalent product or service, or rescind the contract with the right to reimbursement of amounts paid, updated monetarily, plus any losses and damages.

Article 37 of the CDC expressly prohibits misleading advertising, defined as that capable of inducing the consumer to error regarding characteristics, qualities, or results of the offered service. If an advisory service announces "citizenship guaranteed" knowing that the result does not depend on it, but on third parties — in this case, Italian authorities — this advertising may be classified as misleading.

Another relevant technical point, according to the lawyer, is that advertising published before contracting becomes part of the contract signed later. That is, promises made in advertisements, websites, or social media are not merely marketing pieces disconnected from the legal relationship: they become part of the obligations assumed by the company toward the consumer.

Obligation of means vs. obligation of result

The legal distinction between obligation of means and obligation of result is central to understanding why this type of promise is problematic. A citizenship advisory service can commit to preparing documents, translating them, filing the process, and monitoring its progress — this is an obligation of means, that is, to make adequate technical efforts.

What it cannot do is guarantee the final result, because the granting of citizenship depends on the decision of an Italian judge in judicial processes, or of an administrative authority, in cases still applicable by that route. Promising this outcome is assuming an obligation that is outside the company's contractual reach.

According to the alert reproduced by Italianismo, guaranteeing "citizenship or money back" is equivalent to promising the result of a decision that belongs exclusively to Italian authorities — not to the contracted company.

This differentiation also matters for those following the News from Italy about changes in citizenship legislation: as rules have been altered by decrees and judicial decisions in recent years, no company can guarantee in advance that a process will be approved in the same way it was filed.

Why this matters for descendants in Brazil

The alert arrives at a sensitive moment for thousands of Brazilian descendants of Italians seeking recognition of Italian Citizenship. Faced with recent restrictions on administrative and consular routes, many descendants have turned to private advisory services to make judicial processes viable in Italy — services that are usually expensive and, in many cases, time-consuming, as they depend on the progress of Italian courts.

In this context, contracts with promises of guaranteed results represent a dual risk for the consumer. In addition to the possibility that the process may not advance as promised, there is also the risk of insolvency of the companies themselves, which may not have the financial means to return the amounts charged if the "money back" is indeed required judicially by the client.

Lawyer Andrew Montone recommends that interested descendants seeking to start the process look for clear information about the nature of the obligation assumed by the contracted advisory service, verify whether the contract distinguishes documentary preparation services from any promise of results, and be wary of advertisements that present citizenship as something certain. Information about the routine and bureaucracy faced by those already living in the country can also be found in the Life in Italy section of the portal.

The case reinforces an alert that has already been discussed among consumer law experts: contracts for services that depend on decisions by third parties — whether foreign authorities, public bodies, or courts — cannot carry a guarantee of results, under penalty of constituting deceptive commercial practice under the terms of the CDC.

Source: Italianismo

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