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20 rights that consumers do not know

09.17.2015

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

 

 

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Are you sure that knows the rights granted to you by law?

1- Name must be cleaned up to five days after debt repayment

A decision by the 3rd Panel of the Superior Court of Justice (STJ) determined that, after the consumer pays an overdue debt, his name should be removed from the credit protection agencies in a maximum of five days. The period shall be calculated from the date of payment;

2 construction company must pay compensation for delay in work

Consumer protection agencies understand that the construction company should compensate the consumer in case of delay in property delivery, says Maria Inês Dolci, the Protest. Some companies, when they realized that the work will delay, are in the habit already offer a deal to the consumer in advance. The best, however, is to seek guidance as to whether the offered agreement is interesting;

3 Banks must offer free services

The consumer is not required to hire a service package on the bench. This is because financial institutions are required to offer a minimum number of services for free, such as the provision of debit card, holding up to four drafts and two transfers per month and the supply of up to two extracts and ten leaves monthly check;

4- There is no minimum amount for purchase with card

The store can not require a minimum value for the consumer pay for the purchase with card. According Idec and Procon, if the store accepts cards as a means of payment, must accept it to any value for purchases in cash. The purchase with credit card, if not split, is considered payment in cash. Charge more than those who pay by credit card hurts the item V of Article 39 of the CDC (Consumer Protection Code), which classifies as abuse require the consumer manifestly excessive advantage;

5- You can give up on purchases made over the Internet

Those who make purchases over the internet and the phone can give up the operation, either for what reason is, at no cost, within seven calendar days. "The time period begins from the day immediately following the contract or receipt of the product," says Procon of Sao Paulo. The rule is in Article 49 of the CRC. The count is not interrupted on weekends or holidays;

6- You can suspend services without cost

You have the right to suspend, once a year, cable TV services, landline and mobile phone, water and electricity free of charge. In the case of telephone and TV, the suspension may be up to 120 days; in the case of light and water, there is no deadline, but then the customer will need to pay for reconnection, says Maria Inês Dolci, the Protest;

7- improper collection must be returned in double

Who is the target of any misappropriation may require that the amount paid in excess is returned twice and corrected. The rule contained in Article 42 of the CRC. If the phone bill was R $ 150, for example, but the customer realized that the right would be R $ 100, he is entitled to get back not only R $ 50 paid the most, but R $ 100 (the double) corrected;

8. You do not need to hire credit card insurance

The credit card companies always try to offer customers safe that protect consumers against loss and theft. Consumer protection agencies understand, however, that if the card is stolen and the client does blocking, any purchase made from there will be the managing responsibility, even if he does not have insurance;

9. Who buys property does not need to hire advice

When will acquire a property in the plant, the consumer is often charged by Sati (Property Technical Advisory Service), assistance given by lawyers appointed by the estate. This charge is not illegal, but it's not mandatory. The contract can be closed even without the hiring of staff;

10- Cheap bus are valid for one year

The bus tickets, even with marked date and time, are valid for one year, according to Law No. 11,975, of 7/6/2009. If you can not make the trip as scheduled, the passenger must notify the company of up to three hours in advance. Then you can use the ticket on another trip, free of charge (even if there is a rate increase);

11. If consumers give up a course, entitled to receive the value of prepaid tuition

If there is withdrawal, the installments paid for the months that will not be routed must be returned. However, there is the ongoing obligation to return the amount paid for the teaching materials. Idec believes any abusive contractual clause which makes it not return the amount paid. However, the school can charge fine as long as it is provided for in the contract, and that the amount fixed is not abusive. By law, the limit for fine with contract cancellation is 10%;

12- Blood Donor is entitled to half price

Blood donors registered in blood center and hospital blood banks of the Paraná states (State Law 13,964 / 2002), Holy Spirit (State Law 7.737 / 2004) and Mato Grosso do Sul (State Law No. 3,844 / 2010) are entitled to half- input, so paying half the amount stipulated to the general public for admission to cultural events, sporting events, cinemas, exhibitions, among others;

13. Every shop must display prices and product information

Article 6, third paragraph of CDC: adequate and clear information about the different products and services, with correct specification of quantity, characteristics, composition, quality, price and taxes, as well as about the risks they present;

14. If the phone call is interrupted, you can repeat it by up to 120 seconds

Resolution No. 604, dated November 27, 2012, approving changes in the Regulations of Personal Mobile Service (SMP) so that successive calls made mobile for the same number are considered a single connection for the purpose of charging. To consider successive calls should be rebuilt maximum range of 120 seconds between the same numbers of origin and destination;

15. The supplier must account for manufacturing defects - even outside the warranty period

According to the CDC, suppliers account for the quality or quantity defects that make products unsuitable for consumption or diminish their value. And no use saying that he knew nothing: the fact that the provider ignore the error does not exempt him from responsibility. You can either escape the obligation through clauses in fine print - the law prohibits the attenuate contract or exonerate the supplier to account for the problem. When dealing with apparent problems (or readily apparent) in non-durable services or products, the consumer has 30 days to file a complaint. In the case of durable, this period is 90 days.

The situation becomes more controversial when it comes to so-called "latent defects", meaning defects that are not easily identified and can take years to manifest. The law makes it clear that the consumer is entitled to the hidden fault repair by the end of the useful life of the product and not only during the warranty period. The deadline for complaint begins to run from the moment that the manufacturing defect was noticed;

16. Under no circumstances the client may be forced to pay a fine for loss of command

This practice is illegal and the consumer must pay only the value of what they consumed. Importantly, control of consumption carried out in these establishments is the responsibility of the establishment itself, not from customers.

Therefore, in addition to commands delivered to the consumer, it is necessary that the enclosure keep other type of control of consumption as a computerized system of magnetic cards. This obligation can not be transferred to the consumer, so if the property does not have this second alternative control, may not require the consumer any fee or penalty for the loss of command;

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17- rate of 10% is not mandatory

The rate of 10% or tipping the waiter is a way that many establishments use to subsidize the professional attention and the good service. It is a liberal, ie the consumer can choose to pay or not.

It shall be informed prior appropriately, with due weight discriminated on account and the indication that the collection is optional to the customer. However, it is usual practice commercial venues do not inform about the fee, and even informed that payment is required;

18- minimum Consummation is an abusive practice

Unfortunately the collection of the "minimal consumption" is a common practice. But that does not make it lawful, by contrast, sets up an abusive practice.

According to the CDC, in its article 39, paragraph I, it is prohibited to provide product or service conditioning the purchase of another product or service, which is usually called bundling. Accordingly, it is abusive and illegal an establishment compel someone to consume, either in drink or food, a minimum value required beforehand as a condition of entry / stay in the establishment, or else require payment even without having consumed any product;

19. We all have the following rights, without having to pay any money for them:

The. making an application to the judge, the governor, the mayor, the deputy, the councilor or any kind of authority, to defend our rights or to go against bandalheiras or against those who have power abuse;

B. removing certificates from government offices, for the defense of rights and clarification of situations of interest of each;

20- Your review does not confer the right to aggression by a third

No one may be molested for his opinions, including religious views, provided their manifestation does not disturb the public order established by law.

Each of us has the right to live, to be free, to have a home, to be respected as a person, not to be afraid, not to be discriminated because of their gender, their color, their age, their work, the city where it came from, the financial situation.

 

Source: Modern Consumer

To access the Consumidor Moderno 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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