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04/20/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Users complain of lack of notice of change, and Anatel want more explanations
Spending extra. Caesar Romanel began spending a month twice the usual credits, to keep active internet service on your mobile - Fabio Rossi / Reuters
RIO - Marcelo Rocha Cecilio, New Mill dweller, hired in the first half of last year, a mobile operator Vivo plan for R$ 51.90 monthly for the teen's cell phone. Among other services, the package gave the boy the right to use internet 500MB for 30 days and when exhausted, could continue sailing at reduced speed. But in February, contrary to what had been happening so far, when the limit of the franchise was exhausted after 13 days of use, navigation was suspended.
The reason was the change of the mobile internet billing model implemented gradually by Vivo and the other three largest operators in the country - Claro, TIM and Hi - from the end of 2014. Under the new system, after the contracted franchise ends, the service is cut. If you want internet access before the month of the change, the consumer needs to buy more credits.
Was what made Caesar Romanel, prepaid customer of Hi. Under the old system, he paid R$ 6.90 per week to surf the web. With the change, their spending has doubled since the franchise ends in three or four days, and he needs to make a new contract to continue browsing.
Irregularities
For entities that make up the National Consumer Defense System (SNDC), coordinated by the National Consumer Bureau (Senacon), and bring more costs to users, the change was implemented with a number of irregularities, an offering of default, breach unilateral contract and lack of clarity and transparency.
- There is a giant flaw in mobile internet delivery model in the country. Companies have the right to change the business model. But in this case, consumers were misled because the initial offer, when contracting, did not foresee cuts - explains the holder Senacon, Juliana Pereira. - The SNDC will prioritize the inspection of mobile internet offer advertising that will have to be standardized. We will not tolerate the use of terms such as unlimited, infinite, because the franchise has a delivery capacity - warns.
Romanel and Cecilio guarantee had not been notified of the change.
- I was caught off guard. I felt cheated, helpless and with no option, since the four operators changed the rules at the same time. Still do not know what to do if change operator or plan, because not even I can be serviced by Vivo SAC - Cecilio account.
The vice president of the National Telecommunications Agency (Anatel), Marcelo Bechara, explains that this type of change does not require authorization of the agency, as the regulator has no interference with the business model of companies. He explains that the agency is not against change, but has criticized the way used to communicate the new rules to consumers.
The four companies informed customers about the change by torpedo, 30 days before the change. Article 52 of the Consumer Rights Telecom General Regulation (RGC) allows you to communicate changes in the contract by text message. But Bechara believes that operators have interpreted the rule inappropriately:
- This article is for regular generic and unpretentious issues. What is not the case. Companies have to have common sense. They erred in communication. Should have adopted a process of educational transition, implementing call centers to provide information, making overt campaign with directions, including on their websites, and search for Anatel and Senacon to help. But none of this was done.
The vice president of Anatel also said that by the end of this month, will be closed an agreement with the four companies to clarify their clients about changing these rules:
- The consumer needs to know how much consumed and how, through applications and tools that even exist, but are not disclosed. Missed explain all this.
In February, the Department of Senacon Consumer Protection and Defense notified the four operators were required to provide for clarification of the change. All is explained and the reasons are being analyzed. If irregularities are found, companies can be fined. But the director of the department, Amaury Oliva, said a critical point. For him, the campaign for the change was inversely proportional to operators made to sell the idea that customers would have unlimited access to the internet.
- For years operators have offered a series of illusory packages. The consumer paid the franchise and could access the world. This created a false expectation, and he thought it was really unlimited. Besides having to make a massive campaign about change, need help consumers understand what a data packet and explain what he can do with that hires of each package.
In Bechara analysis, the change occurred for two reasons. First, there was an explosion of data consumption last year, with the growth of 3G users and other migration to 4G, which is faster and leads to consumption of more data. And more people looking at reduced speed when the franchise ends, means more people taking up significant space on the network, compromising the navigability of who is using what was contracted. In addition, he says, the revenue of companies are migrating to the use of mobile internet, and they had to readjust the charge.
For the researcher and spokesman for telecom business of the Brazilian Institute of Consumer Protection (Idec), Cristiana de Oliveira Gonzalez, companies are transferring to customers the costs of a bond them: invest to increase data traffic capacity .
She says the RGC gives the user the right to sail with reduced speed. Therefore, changes made by operators, without consulting the customer, can characterize unilateral modification of the contract, a practice regarded as unfair by the Consumer Protection Code. With this argument, the Procon-RJ appealed to court against the companies. The action, still without trial, asks consumers continue with internet access, subject to a daily fine of $ 50,000.
Juliana, however, warns that this interpretation is questionable because, as the contracts are indefinite, the tendency of the courts is to understand that they can be changed:
- It is a legal issue that can take years.
BUSINESS REPRESENTATION IN BETTER QUALITY
Vivo reported have come into contact with Cecílio to guide you on the plan, and discussing with Anatel, Ministry of Communications and Senacon a new communication plan for users. According to the operator, the change reaches the pre and control customers and will be implemented in the coming months on postpaid.
The course informs the data block is applied to the pre and control planes, and the new course Online Max planes, post segment, which reaches the packet limit. He added that provides free consultation tools package of balance and that, from 2012 to 2014, has invested more than R$ 6.3 billion to improve access to the mobile internet. According to the course, "the possibility of maintaining the speed reduction at the end of the franchise conveyed a false perception of poor quality of service."
The Hi argues that the change applied to customer pre and control plans, it is usual in countries around the world and with it, there is improvement in navigation quality. The carrier also informed that besides sending SMS, announced the change on ads in major newspapers.
TIM, the change has achieved customer plans pre and post Liberty (+50, +100, +200, +400 and +800) of Pernambuco, Rio Grande do Sul and São Paulo (area 019). According to the operator, the goal was to improve the quality of navigation, and customers can monitor the consumption data by sending SMS with the application to the operator
Source: The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.