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Second Panel determines that ad on Cable inform price and form of payment

01.08.2016

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

 

 

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The Second Chamber of the Superior Court of Justice (STJ) upheld the decision of Justice of Rio de Janeiro for a company that advertises products in a cable television channel disclose the price and method of payment.

The public civil action was filed by the Consumer Protection Commission of the State Legislative Assembly of Rio de Janeiro against company offering its products in a closed TV channel without informing the price and method of payment. These data were only informed when the consumer connected to the central enterprise service, a call billed, regardless of whether or not to buy the product.

The company claimed that there was no violation of the law and followed the guidelines established by the National Council for Advertising Self-Regulation (Bonar), a nongovernmental organization that aims to prevent the improper or misleading advertising from causing harm to the consumer or advertiser.

The lower court accepted the arguments of the Consumer Protection Commission and ordered the company to inform the price and method of payment. The judge set a daily fine of R $ 100,000 in the event of non-compliance decision. Disagreeing, the company appealed, but the Court of Rio de Janeiro upheld the sentence of first instance.

The company then fired the STJ. In the analysis of the case, the ministers of the Second Panel unanimously approved, the vote of the Minister Humberto Martins, said that the right to information as a fundamental guarantee expressed in the Federal Constitution.

The minister also pointed out that the Consumer Protection Code (CDC) brings, among the basic rights, "adequate and clear information about the different products and services, with correct specification of quantity, characteristics, composition, quality and price and about the risks they present. "

 "The case is an example of misleading advertising by default, it removes some essential information about the product (price and method of payment), which will only be known by the consumer by the burden of a billable link, even if the purchase will not be achieved, "explained Humberto Martins.

 

Source: STJ

To access the STJ 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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