Clipping of news on Brazilian Culture, Law and Citizenship
1/13/2017
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Procon, a member of the Minas Gerais Public Prosecutor's Office (MPMG), banned the sale of the 2nd generation Moto X mobile phone in Minas Gerais, in physical and virtual establishments, and ordered Motorola to pay a fine of R $ 809,702.00 State Protection and Consumer Protection Fund (FEPDC).
The agency has set a deadline of 10 working days for the company to report its network of distributors on the ban. The suspension of the sale of the mobile phone and the fine were motivated by two unsuccessful attempts to have the manufacturer offer the repair, guarantee or refund the amount paid for the repair, to the injured consumers, among other commitments not assumed.
In the administrative decision, the consumer protection agency said that the Moto X (2nd Generation) mobile phone is improper to use and consumption, as it has a quality defect due to inadequacy.
"The device does not serve its intended purpose because of the fragility of its screen glass compared to other handsets sold in the market or because it is not as resistant to drops and impacts as promised in commercials," he explained. , In the decision, the Consumer Protection Attorney of Belo Horizonte Amauri Artimos da Matta.
In addition to recognizing the company's infringement of the quality of the cell phone sales, the promoter concluded that the manufacturer discriminates against users of the product, without cause, because it responds to those who use the procons and deny repair or exchange to those who seek The customer relationship channel. Finally, the prosecutor stated that Motorola knows of the collective repercussions of the problem and does not disclose the fact to its consumers to resolve it, violating the principle of objective good faith.
Repair
In June of this year, in response to one of Procon-MG's requests, Motorola announced that it would provide, as a special guarantee, only the repair of the screen of consumer appliances identified in the administrative process instituted by the consumer protection body. According to the prosecutor, Motorola said it was making contact with these consumers to arrange for the repair. Persons who have already repaired the telephone screen with their own resources must register a complaint with Procon, with a copy of the invoice, for the appropriate measures.
Understand the case
In November 2015, Procon-MG filed an administrative proceeding against the manufacturer, with a precautionary measure suspending sales of the device in the state of Minas Gerais. Assuming product quality addiction, not to withstand impact and break your screen when falling from low height, was one of the problems that motivated the decision of the consumer protection body. The company appealed the first injunction and obtained a favorable injunction in court to continue selling the device.
In an attempt to protect consumers, Procon-MG determined, in an injunction to counterpropaganda, that the manufacturer change the content of the advertisements of the mobile device Moto X (2nd Generation) in physical and virtual media. The decision established the deletion of terms such as 'durability', 'risk prevention' and 'more risk-resistant' from product advertisements and indicated the inclusion of the word 'scratches' instead of 'risk'.
The agency also held a public hearing to hear consumers, the company and other interested parties about alleged device quality defect. Users who attended the hearing reported that the Moto X (2nd Generation) cell phone, even with little time to use, has broken screen after falling low or suffering low impact. They also said they had sought the authorized technical assistance to request the repair of the product still under warranty. However, the assistance denied the service, alleging loss of warranty for misuse of the phone. According to consumers, one of the characteristics that motivated the purchase was the impact-resistant screen advertising.
By way of note, Motorola Mobility affirms that the "2nd Public Treasury Court of Belo Horizonte granted a preliminary injunction on December 14, 2016 in a security mandate that suspends the administrative decision of the Public Prosecutor of Minas Gerais (MP-MG ) ".
Read the note in full:
"Motorola Mobility informs that the 2nd Public Treasury Court of Belo Horizonte granted an injunction on December 14, 2016, in a security mandate that suspends the administrative decision of the Minas Gerais Public Prosecutor's Office (MP-MG). That there is no basis in the measure issued by MPMG, and there is no risk to the health or safety of the consumer.The company also points out that it never made a communication that mentioned that the screen of this product is more resistant to risks,
Updated at 1:00 p.m. on January 12, 2017.
Source: Weather
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This article was translated by an automatic translation system, and was therefore not reviewed by people.