Clipping of news on Brazilian Culture, Law and Citizenship
09/19/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 5th Private Law Chamber of the São Paulo Court of Justice declared unenforceable collection of telephone calls made by telespectadora who participated in game-show. In three links 50 minutes the author suffered corresponding charge to R$ 285.19. The rapporteur of the appeal, Judge James Siano, understood that the station did not inform transparently the value of each phone call. Moreover, as the telespectadora has been blocked telephone line because of improper collection and could only release it after court decision should be indemnified for moral damages arbitrated at R$ 2,851.90 - equivalent to ten times the value of links.
The program announced the award of R$ 5 thousand prizes for those who correctly answer a general knowledge questions. The author, before entering the air, had to go through previous questionnaire, but on three occasions the connection dropped. The average charge per minute was equivalent to R$ 5.70.
On the record that the only indication of value on links appear at the bottom of the video as "cost of a mobile DDD connection to São José do Rio Preto (SP)". For the judge was "highlighted the inadequacy of information, which seems more intended to confuse the viewer than scientific it of expenses that incur if you choose to link".
According to the magistrate, the station violated the Consumer Protection Code, which "expressly imposes the obligation to clear and adequate information to consumers, including those related to the incident taxation and price of goods and services." "Wanted to be clear astern sufficient accurate information regarding the cost of connecting minute, with the proviso that their realization does not imply automatic participation in the program to compete for the award," concluded the judge.
Also participated in the trial the judges Moreira Viegas and Fabio Podesta. The vote was unanimous.
Appeal No. 1004782-80.2014.8.26.0248
Source: TJSP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.