Clipping of news on Brazilian Culture, Law and Citizenship
27/05/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Assessment Idec with five packages shows telecom practice abuses by companies
RIO - When listening to the Service of NET would have to pay R$ 120 in fines for canceling two services a combo that had hired nine months before, Rosana Roxo, 39, was indignant. First, because the withdrawal was prompted by falling signs broadband and fixed telephony for a month, and that the company failed to restore. Second, because it ignored the existence of loyalty clause of 12 months. The case of Rosana, problems with service packages from telecom operators, is far from being an exception. An assessment conducted by the Brazilian Institute of Consumer Defense (IDEC) with the five major telephone companies, internet and cable TV market to offer combos - NET, Oi, Vivo, GVT and Multi Combo (with services Claro, Embratel and NET) - shows that such deals together, in general, a number of abusive practices
Requirement of loyalty, barriers to hiring the service loose, with much higher prices than those charged together, and lack of clear information that the package is actually a promotion with very specific rules, are key practices identified by study.
- I was forced to cancel the service for breach of contract by the NET. It is absurd to even have to pay a fine for it - says Rosana.
Last year, complaints about telecommunications services (fixed and mobile telephony, pay TV and internet) represented 21.7% of the subjects claimed Procons throughout Brazil, according to data compiled in the National Defense Information Consumer (Sindec) of the National Consumer (Senacon). A jump of four percentage points over the previous year.
At first glance, the combo may even be advantageous to the consumer. After all, it's cheaper. However, the lawyer Idec and responsible for raising Veridiana Alimonti warns that abuses in the isolated service contracts are multiplied at the time of hiring a package, mainly because there is no specific rules regarding the hiring joint - each service has a regulation. For the holder of Senacon, Juliana Pereira, companies need to improve the quality of information at the time of supply to the consumer: - Today, it seems that the company is the consumer who decides what is best for him. And it can not. He needs to be informed about the cover price of services, so you can make comparisons and decide which offer is best for your needs and your pocket.
Fact that it can become a reality with the implementation by the National Telecommunications Agency (Anatel) specific regulations for combos. The proposal underwent public consultation in the area and is responsible for technical review of more than 700 contributions received.
One of the worst mistakes companies make, according to the study of IDEC, is precisely the problem reported by the secretary Rosana: not inform the consumer the cover price of each service. Besides being laid down in Article 75 of Resolution 581/2012 of Anatel, which regulates the Conditional Access Service, access to information is a basic right guaranteed by the Consumer Defense Code (CDC). According Veridiana all companies tested were rejected in this regard.
Other abuse shown by the survey is the exaggeration in the price of bulk products. In the cases of Multi Combo and GVT, services are insulated with double the amount charged in packets, which pretty much requires the purchase of a combo.
Cancel service package is also cause for headache due fines loyalty, practiced by all operators evaluated. According Veridiana, companies treat the combo as a kind of promotion. This leads to the cancellation of a service descaracterize the package and therefore the company is not obliged to keep the discounts. According to Anatel, the promotional character of the combo itself is not illegal, but this must be clear. However, the agency prohibits charging a fine for canceling landline or broadband.
- Loyalty, when permitted, as in the case of cable TV and mobile phone should be an option to the consumer in exchange for a benefit. And the penalty in case of cancellation must be paid on time left to fulfill the loyalty - highlights Veridiana.
FCC will regulate cancellation of services
The partial suspension combo is precisely one of the points that Anatel intends to address the regulation of packets. Proposed by the agency, in the event of cancellation of a service could be proportional reduction of the price of the package. The regulator also wants to prohibit undertakings, in case of cancellation of a service package, tuition covers more by remaining products than the initial value of the combo.
The lawyer specializing in consumer law Roberto Vianna points out that one of the most serious problems is the fact that the consumer only learns the specifics of the packages when asking for the cancellation:
- Hardly, in hiring by phone, inform the attendants that. Much less provide a contract. Therefore, when hiring a combo, you should make the most possible questions, write down the name of the attendant and the protocol number in case you need to complain later.
Through a statement, the FCC said that "the provider may offer joint services with benefits to consumers, provided there are no barriers of any kind for hiring one of them alone." The agency also pointed out that the price of each individual service and price offered together should be transparent in the contracts and in advertising.
What the companies say
GVT reported that there is a possibility to mount combos and pricing of unbundled services are informed customers. According to the company, loyalty is a return commensurate with the benefits offered in combos and is also reported.
Vivo inform says the price of products and loose in the package, and that the procedures for the partial cancellation of the regulations are available at discounts, sites, and contract call center. The operator says no loyalty in combos, or fine on the cable TV.
Hi already claims to have "plans and services for all profiles that generate savings and convenience."
NET, which also accounts for the Multi Combo says be guided by the CDC and other regulatory standards. Regarding the case of Rosana says that the customer made the cancellation without charge.
To take the assessment, Idec selected the cheaper combos of each of the five responsible, with at least three services, including cable TV. Information was obtained on websites, telemarketing, contracts and regulations. The research was conducted with support from the Ford Foundation.
What to ask before hiring
This combo is a promotion?
If yes, how long the promotional value lasts and what happens after the tuition?
The phone service is deductible? How much minutes? How much?
What is the value of the calls from the moment they outrank the franchise? Fee charged for installation or membership?
There is loyalty? For combo or service? How much time? Penalty in case of cancellation of a service prior to the deadline?
Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.