Operators are fined for adding services to consumer accounts
The Department of Consumer Protection and Defense (DPDC), of the Ministry of Justice, imposed a fine of R$9.3 million on the telephone companies Oi, Claro and Vivo for adding services to a consumer's account. It is the largest penalty imposed by the Department.
The operators were condemned for violating the consumer's basic right to clear information about products and services; due to irregularities in the provision of services, abusive practices and injuries to the consumer when contracting services.
In the decision, the department's B2B Lead director, Ana Carolina Caram, understood that the companies violated consumers' rights in so-called “value-added services”. When applying the fine, it took into account the size of the company, its revenue and the severity of the injury observed.
Companies will have 30 days to pay the fines and must immediately stop providing services of additional value without the consumer's prior and express consent, as well as charging for unsolicited services.
According to the agency's report, the companies misled the consumer with advertisements that did not highlight essential aspects of the service and that, therefore, did not provide sufficient elements for the consumer to form an adequate understanding of what was actually being delivered to them. and what you would be charged for.
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The operators claimed that they are third-party companies that provide value-added services. However, for the director of the department “the Consumer Protection Code establishes that all suppliers are jointly and severally liable for the provision of services and for the resulting damages to consumers”. With information from the Press Office of the Ministry of Justice.
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