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Sending text messages to customers by Hi is considered abusive by STJ

01/07/2014

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 




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State Law No. 4.863/06 provides that mobile operators make available to its customers the option of receiving a torpedo relating to promotions and advertising campaigns Photo: Fernando Quevedo / Globe Agency 
 
BRASILIA - The Superior Court of Justice (STJ) upheld lawsuit filed by Attorney Julio Teixeira da Costa Machado, the (MP-RJ) Public Ministry of Rio de Janeiro against Telemar Norte Leste, the practice of sending text messages to consumers with placement promotions and advertising campaigns. The request was upheld to condemn Hi to offer its customers a choice to receive or not receive text messages known as torpedoes regarding advertising campaigns, under penalty of a daily fine of R$ 10 thousand, according to the judgment and sentence of 2010 what has now been confirmed by the STJ.

The action, originally proposed in 2008, was born instituting civil investigation to determine whether the course, Tim, Vivo Hi and sent to companies consumers torpedoes in order to convey promotions and advertising campaigns, and kept records of consumers who opted not to receive such messages as regulates the State Law No. 4.863/06.

During investigation, it was found that only Hi, on the pretext scientificize consumers about promotions and advertising campaigns, sending messages to the consumer through without torpedoes keep records of consumers who opted not to receive such messages, infringing, therefore, the state law. The Hi argued at the time that said state law was unconstitutional and therefore should not be observed.

The State Law No. 4.863/06 provides that mobile operators make available to its customers at the time of contracting, the choice of receiving or not torpedoes relating to promotions and advertising campaigns. In 2004, Teixeira da Costa has filed a lawsuit against Intelig, Telemar and Embratel so that consumers could choose not to be targets of telemarketing, but she had rejected his request.

Sought, said Hi to comment on ongoing lawsuits.


Read more: http://oglobo.globo.com/economia/defesa-do-consumidor/envio-de-torpedos-clientes-pela-oi-considerado-abusivo-pelo-stj-13082770#ixzz36E3sQ9lv

Source: The Globe - Online

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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