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Charge different price for payment by credit card is abusive practice, determines STJ

08.10.2015

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

 

 

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For Second Panel, charge different price on sale with card is abusive practice

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The Second Chamber of the Superior Court of Justice (STJ) decided on Tuesday (6) which is abuse give discount for payment by cash or check and charge different price for payment by credit card for the same product or service.

With this understanding, already adopted in private law classes, the college - judging from public processes - denied feature Shopkeepers Chamber of Belo Horizonte, intended to prevent the Minas Gerais Procon to apply penalties to companies for differential charging.

The rapporteur of the appeal, Minister Humberto Martins said in his vote that the shop has a guarantee of payment made by the consumer with a credit card because the administrator bear sole responsibility for the risks of the sale. Once approved the transaction, the consumer receives full settlement provider and ceases to have any obligation to him. For this reason, the purchase with card is considered a cash payment mode.

The minister pointed out that Article 36, X and XI of Law 12.529 / 11, which structures the Brazilian System of Competition Defense, considers illegal anticompetitive conduct discrimination of purchasers of goods or services through differentiated imposition of prices as well as the refusal to sell products in ordinary terms of payment in trade.

The standard, according to the minister, shows that abuse is a situation where the supplier determines more favorable prices for consumers paying by cash or check at the expense of those who pay by credit card.

 

Source: STJ

 

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