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08/24/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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CDC provides folded refund when there is improper collection, but the judiciary has held that such compensation should only be triggered if there was bad faith on the part of the company
Published on 02.03.2016
unauthorized charges, unfortunately, part of the Brazilian daily life, particularly in banking and telecommunications. Article 42 of the Consumer Protection Code (CDC) provides that the victim of such abuse has the right to return double what was overpaid.
But you know in which situations this right can be exercised? Idec clarifies the questions on the topic. Check it!
Just that the customer is charged more to have this right?
No. The return double only applies when the consumer has paid the fee account improperly or surplus value. Once you realize the error, the consumer is entitled to compensation.
If paid undue collection, I am entitled to receive double the value of the account?
No. The refund double relates only to that charged more. For example, if the invoice amount should be R $ 200, but was charged and paid R $ 250, the consumer has the right to receive $ 100 That is, double what was paid the most, R$ 50 .
The company that made the wrong collection is always required double return?
The Consumer Defense Code provides an exception: when the improper collection is derived from a "justifiable error." In this case, the company should return only what was overpaid by the consumer.
However, the Superior Court of Justice (STJ), which is one of the highest organs of the Brazilian judiciary has decided that the consumer is entitled to a refund double if it is established that there was bad faith on the part of the company that made the charge. That is, with the consciousness of illegality and harmful intent. For example, when the company knows your collection system presents problems and yet improper sends the account value to the consumer.
Idec disagrees with the Supreme Court's position, as it adds a requirement not mentioned in the TDC for consumer redress.
I need to go to court to obtain the return double?
In theory, no. The return double of improper collection can be requested directly to the company. However, suppliers tend to refuse to return folded, so in many cases the consumer must go to court and prove the bad faith to have their rights respected.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.