Clipping of news on Brazilian Culture, Law and Citizenship
07/19/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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unexpected contract extension is legal for consumers?
Ag. AFTERNOON
It is a fairly common practice: after the end of a contract between the consumer and the company, the renewal happens automatically. Almost always, the consumer waits for it and when you see the contract has already been renewed.
Sometimes, the initial contract was even desired by the consumer, such as where are offered "seven days free" subscription of a magazine. Suddenly, after the seven days, the consumer is surprised: Membership starts receiving copies and collections as if he had done.
What to do when this happens? Companies often claim that automatic renewal is provided for in the original contract, so it would be up to the consumer the initiative to cancel the renewal before the deadline.
According to the lawyer specializing in Consumer João Henrique Carneiro, companies have no legal grounds for such conduct.
While there is a clause in the contract providing for the automatic renewal, this clause is void.
If this happens, the lawyer recommends that you first try to resolve the consumer directly with the company, making it clear that you know your rights.
If the tentative agreement does not work, it is recommended to file a lawsuit in small claims court.
The basis is Article 39 of the Consumer Protection Code, which prohibits the supplier of goods and services "send or deliver to
consumer, without prior request, any product or providing any service. "
Source: A Tarde
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This article was translated by an automatic translation system, and was therefore not reviewed by people.