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TIM is prohibited to block internet from a client that reaches daily limit

18/03/2015

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



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TIM can not block internet customer who filed a lawsuit

TIM is prohibited from cutting the internet package from a client when it hits the daily limit. The decision is the 1st Civil Court of São Paulo, but the injunction applies only to the lawyer who filed a lawsuit against the operator. According to the law, it is unlawful to unilaterally alter legal transactions already entered into and consummated because this attitude violates the Consumer Law Code.

Since 2011, the São Paulo lawyer had an unlimited plan to access the mobile Internet. On the days that exceed 30 MB, still sailing at a reduced speed. However, TIM has changed the rule and started to prevent access when the consumer reaches the limit.

Consumers said that hired the mobile data service just because it was advertised as unlimited. He acrescentouser necessary, "the life of a lawyer, meet customer demands with speed and quality is essential, especially those requiring emergency".

In the request, the judge also pointed out the need to respect the legal certainty of contracts. "I grant the injunction to the defendant company disregard the unilateral change that has otherwise what had been agreed by the parties in the conclusion of that contract," says the decision.

A conciliation hearing was scheduled for June.

Lock in other companies

The same blocking strategy after the end of the franchise was also adopted by other operators in the country.
The Procon State of Rio already filed a public civil action against companies Hi, Tim, Vivo and Claro pointing irregularities in change.



Source: Extra

To access the Extra site, click here.

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

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