Clipping of news on Brazilian Culture, Law and Citizenship
10.13.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Approved changes in the Senate protect data and fight debt
Rio - approved last week in the Senate, the bills amending the Consumer Protection Code will expand the rights of those who make purchases over the internet. If put into effect, the changes will ensure purchasers data privacy and information disclosure of companies, and also strengthen the right of withdrawal in distance shopping. In addition to providing new standards for e-commerce, the update creates limits for children's advertising and new rules to combat over-indebtedness.
The changes are still not yet in force. Are two projects pending in the Senate that enhance consumer rights. The proposals went through an initial assessment of senators and will still be voted on again before going to the House of Representatives, where they can be amended.
In relation to e-commerce, the text states that companies are more transparent to the disclosure of your data. On their websites, they are required to disclose your name, CNPJ, address and contact. The supplier will also have to clearly inform the final price of the product with service, including fees, taxes and freight expenses.
According to the legal director of Procon-RJ Carlos Eduardo Amorim, transparency of company data is provided for under federal decree, but the incorporation of this rule to the Consumer Protection Code is important to strengthen this obligation. "The Procon already notified most large companies to force disclose such data and autua several of them. And yet we have recurrent cases of non-compliance with this decree, "he says.
Click on the image to see the changes that enhance consumer rights
Those drawbacks are prohibited from advertising messages sent by e-mail to consumers who have no prior relationship with suppliers or have refused to receive them. Companies will be required also to report immediately to the authorities and consumers about possible data leakage and system security compromise. "Today the consumer finds himself at the mercy of companies who use data as a bargaining chip and even as selling product, which is illegal," says Amorim.
Another project approved by the senators create rules to try to prevent over-indebtedness, which is compounded by greater access to credit and the proliferation of easy money offers. Among the changes are a ban on the use of terms such as "interest free", "zero" and "no increase" in credit supply advertising. Another change requires the consumer to make payroll loan has the right to give up the operation within seven days. The text also sets limits for children's advertising that is deemed abusive.
Rapporteur of tenders, Senator Ricardo Ferraço (PMDB-ES) says the changes will reset the code to the new reality of consumers. "The goal is to update the legislation to the new social, economic and technological reality to build ethical and balanced relations between who buys and who sells" he said.
Fee for return stirs controversy
One of the approved changes in the text that creates new rules for electronic commerce is subject of controversy: the forecast of a fee to be paid by the consumer in the product take-back event or waiver of a contracted service. Those who buy by phone or over the Internet has the right to give up the acquisition of the product or service within a period of seven days from the receipt of the acceptance of the offer or the availability of what was purchased, whichever occurs last.
According to Protest the change determines that the client may have to shoulder the payment of fees for withdrawal of the business, if they are provided for in the contract. The association says send an official letter to the House and the Senate so that the proposal does not go. "This is backward, they return to the consumer the burden of supplier", says Maria Inês Dolci, institutional coordinator of the institution.
The Brazilian Institute of Consumer Defense (Idec) also draws attention to the case. To the executive coordinator of the organ, Checchin Elici Bueno, change means an imbalance in consumer relations. "Now the CDC, repentance right is exercised at no cost, considering that the purchase is made at a distance and that the consumer can not check the data quality, quantity and other features offered by the supplier. In addition, this period of repentance, ie seven days from the receipt or contract, can be differentiated in case of purchase of airline tickets, "explains the coordinator of the institute.
Despite the controversy, the press office of Senator Ricardo Ferraço, rapporteur of the project, says there are no elements in the proposal that provide for the payment of fee in case of cancellation or regret.
Source: The Day
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This article was translated by an automatic translation system, and was therefore not reviewed by people.