Clipping of news on Brazilian Culture, Law and Citizenship
06/04/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Source: Idec
There are several types of advertisements that mislead consumers by offering, for example, products that do not deliver what they promise. Know what to do in each case
Updated 04/05/2016
Often consumers feel cheated with advertisements in the published looks much more interesting than it really is. But in all cases it is considered false advertising? Understand the differences in advertising described as misleading by the Consumer Protection Code (CDC) and knows what to do in each case.
Misleading publicity
According to Article 37 of the Consumer Protection Code (CDC), advertising is regarded as misleading which induces consumers to error. That is, when it brings false information capable of giving a different view of the reality of the product or service offered. This is the case, for example, a service advertised free but that is actually paid, even if it only realize at the time is hired or after a certain time of use.
In such cases, the consumer can try to contact the offerer, preferably in writing, requesting action. Article 35 of the CRC gives consumers injured the right to choose between the following alternatives: the obligation to fulfill exactly what was offered; another equivalent product or service purchased, or termination of the contract and refund of the amount paid, plus the proper indexation.
If the supplier does not respond to the request or give a negative return, the complaint can be filed with a consumer protection agency like the Procon of his city. If still nothing is resolved, the case can be brought to justice through the Small Claims Court (SCJ). In cases involving causes of up to 20 minimum wages, you do not need a lawyer to file the lawsuit. Above this value, the aid of a trusted lawyer for the actions and appropriate assessments are articulated will be necessary.
There is also the possibility for the consumer to try to solve your problem, before you go to court, through a digital platform created by the federal government, called consumidor.gov.br. Or even claim by other means, such as social networking. Never ceases to register your problem in Procon.
Misleading advertising by default
In addition to misleading advertising, Article 37 of the CRC provides misleading advertising by default, which is where the supplier fails to inform an essential data about the product or service advertised. For example, when a TV channel announced several products, but does not report on how to pay or conditions - data are also essential on the product at the time of purchase.
In this case, the procedure to be taken will be the same as that described in misleading. Consumers can try to contact with the supplier, making the appropriate requests. If there is no response, seek Procon and, if it does not work, go to court.
abusive advertising
Article 37, second paragraph, the abusive advertising is also described, this is considered improper for inciting violence, disrespect the environment and take advantage of the lack of judgment and experience of children.
The idea of abusive advertising is linked to moral values and current events of the company. In general, it is advertising that contains objective or subjectively discriminatory or hate speech, or that incites immoral practice or violation of human rights.
As in other cases, the unconscionability found in an advertisement may be reported to the Procon. The possibility of advertising be regarded as abusive, the agency shall take the necessary measures so that it ceases to be displayed or conveyed, as well as sanctions for infractions.
In March this year, the Superior Court of Justice (STJ) judged as improper an advertisement Bauducco to associate the sale of a cookie to a clock with children's character. The court's decision should impact similar trials was based on the CDC, and is aligned with the Resolution 163/2014 of the National Council for the Rights of Children and Adolescents (Conanda).
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.