Clipping of news on Brazilian Culture, Law and Citizenship
03.12.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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BRASILIA - TIM was ordered by the Federal District Court Jusitiça to pay R$ 100 million for the abusive practice of "tipping" calls the Infinity promotion. The judge of the 10th Civil Court of Taguatinga (DF) considered that there was a system of automatic interruption of calls to force the user to make new connection and found it false advertising. The decision is not final and can be appealed.
According to the Public Ministry of the Federal District, the carrier does not "provides its services with due good faith". Only in the Federal District, on March 8, 2012, nearly 170,000 customers were affected by TIM problems. Customers complain about the carrier signal inconsistency.
According to a statement published by the Justice of the Federal District, the company defended the arguing of checking the calculation of damages can not be claimed by MPDFT because they do not know the total number of users affected. He claimed to justice that Anatel would have proven that the TIM is not unevenly users of Infinity plan.
However, the judge considered that it was proven in the process the company's attitude purposely interrupt calls.
"Failure to provide the service, consisting of the" overthrow of calls ", imposing additional cost to consumers is proven in the records. These facts are stated at Anatel's inspection reports docked to the file. The fl. 94 / v report (pgs. 84/135), for example, states that, 25/10/2010 ", a 33% call drop rate was recorded," which means one third of calls made. Further specifies (fl. 94-A), in the days 02/09/2010, 07/10/2010 and 19/10/2010, "9.54% of the sampled calls were interrupted by the provider network," he says statement issued by the Court.
TIM is awaiting notification of the Court of Justice of the Federal District to take appropriate action. The operator repeats, anyway, that Anatel has already confirmed the absence of any evidence of deliberate fall of links. In a report published in May 2013, the agency says that "it is not possible to conclude that TIM would be conferring discriminatory treatment to users of prepaid Infinity plan." Thus, the company vehemently repudiates any claim in this regard and reaffirms its commitment to ethics and transparency in their business and the quality of their services.
Source: Extra
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This article was translated by an automatic translation system, and was therefore not reviewed by people.