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Credit card and consumer protection code

08/01/2016

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

 

 

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The use of credit cards has grown every day. The use of cash for payment of purchases every day decreases, first by insecurity - few have courage to walk with money - then the possibilities generated by operators cards. There are so many deals and rollbacks points that many people only buy with credit cards, although they are still among the most questioned villains in Procons and the lawsuits of consumers throughout Brazil.

The charging of different prices in order to purchase and credit card is a practice still used by some companies. But this mode of payment always prevails the spot price on the purchases made. In addition to the Consumer Protection Code, Ordinance provides that "there can be no price difference between transactions made using the credit card and that are in check or money"; while the CDC violates Article 39, section V, require the consumer manifestly excessive advantage. Even promotions can not discriminate against the credit card user.

Limiting values for purchases both in the debit card as credit is another practice that has been denounced by consumers. The Code also in Article 39 establishes as abuse, "influence the supply of product or service to quantivativos limits."

Another practice is still common, but reprehensible is sending the credit card, which even blocked without prior and express request of the consumer, features an unfair commercial practice and authorizes the compensation for moral damages. The Supreme Court in 2013 held that this practice violates the Consumer Protection Code. The court recognized the abusive character of the conduct of the administrator by simply sending without user prior request credit card. The practice of sending unsolicited card, completed the STJ is absolutely contrary to the objective good faith.

For Justice, which the CDC seals is deemed contracted the service by simply sending or even unconscionability to require the consumer to cancel the card case not want.

 

Source: Time

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

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