Clipping of news on Brazilian Culture, Law and Citizenship
06/05/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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minimal consumption in bar is married and not for resale; recognize other cases
UOL
Imagine the scene: you arrive at the birthday party at the bar and gets the notice that must consume at least R$ 30 is not hungry and only consumes a soda and salt. Spend R$ 15.00, but at the exit cash charges twice. The bar can do this?
The answer is no. The collection of minimal consumption is illegal according to the Consumer protection agencies. According to the inspection supervisor Procon-SP, Bruno Stroebel, the minimum consummation is a type of tying, abusive practice prohibited by the Consumer Protection Code, in Article 39, section I.
It is also a crime. That is, if the bar, the customer could call the police if the cashier refused to charge only what was consumed.
How to ensure your right
But if the client did not want to spoil his friend's party, could ask for a detailed invoice of the products consumed and the total bill, which would be evidence of the prohibited practice and complain later.
"It's not because the consumer was somehow forced to accept the fact that it becomes legal. The consumer has every right to complain after the consumer protection agencies and the courts," said Sonia Amaro, institutional supervisor of Protest.
According to Marco Antonio Araújo Júnior, president of the Defense Committee of Consumer OAB-SP, the consumer has five years to go to court against the bar. "There is no deadline to claim the Procon, but the ideal is to do this as soon as possible," he says.
Stroebel, Procon, points out that the Consumer Protection Code rule, it is the product or service supplier, and not the consumer to prove that he did not what the consumer says it was done.
"Just because of difficulties like these cases, which often ends up being the word of one against the other. The important thing is not to accept the report and pressure for that to change," he says.
Other examples of tying
minimal consumption is just one example of tying. But there are many others, remind experts. Here are some cases and what to do:
1) be banned from entering the cinema with food bought outside the establishment
What to do: If, after explaining the employee who comes to abuse, he insists on not to allow entry to the food, the guidance is to write down the name of the person who spoke, date and time of the incident and then report the company consumer protection agency (shortened and secure link: http://zip.net/bjms48). Photographing any warnings and filming the incident also serve as proof.
2) be required to purchase Internet service packages, TV and telephone that can not be sold separately
What to do: If you can not hire the service separately, the guidance is to write down the name of the person who spoke, date and occurred time, and protocol number, and then make a claim on the company SAC itself, always remembering to write down the number of complaint protocol. If you do not also report it to Anatel (link: http://zip.net/bqtgnV) and the consumer protection agency (link: http://zip.net/bjms48)
3) Ask loan or overdraft limit increase on the bench and only get by buying a product or service
What to do: The orientation is not to accept the application and look for another bank. The Procon advises that, if the complaint before the closing of the deal, mediates for the case to be resolved within the law. If you have purchased the product against their will, make a claim on the company SAC itself, always remembering to write down the number of complaint protocol. If you do not resolve the claim of the bank ombudsman. If not resolved, report to the Central Bank (link: http://migre.me/tHldn) and the consumer protection agency (link: http://zip.net/bjms48).
4) Rent a party room and be told that the decor or filming can only be done by a certain company
What to do: The first advice is to not hire this company, but look for one that does not propose the consumer a tying. If you still do the consumer question, ask in writing the company's determination that decoration and shooting can only be made by the partners and then report it to the consumer protection agency (link: http://zip.net/bjms48).
5) Have loss insurance billing and theft of credit card bills without having authorized
What to do: Make a claim on the company SAC itself, always remembering to write down the number of complaint protocol. If not resolved, report to the Central Bank (link: http://migre.me/tHldn) and the consumer protection agency (link: http://zip.net/bjms48). The Abecs (Brazilian Association of Credit Card and Service Card Companies) also has a complaints form (link: http://zip.net/bhtfCr).
6) To receive insurance billing type extended warranty when purchasing appliances and electronics without having requested or agreed
What to do: When shopping, look out for any service offered beyond that you want. If the seller to ask, please do not want. If they insist, give up the purchase and go to another store. If the collection has been carried out without their consent, try to solve with the SAC company. If does not work, make a complaint to Procon (link: http://zip.net/bjms48).
7) Being forced to purchase insurance from a particular undertaking when you car finance or property
What to do: The orientation is not to accept the application and look for another company. The Procon advises that, if the complaint before the closing of the deal, mediates for the case to be resolved within the law. If you have purchased the product against their will, make a claim on the company SAC, always remembering to write down the number of complaint protocol. If not resolved, report to the Central Bank (link: http://migre.me/tHldn) and the consumer protection agency (link: http://zip.net/bjms48).
Source: UOL
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This article was translated by an automatic translation system, and was therefore not reviewed by people.