Clipping of news on Brazilian Culture, Law and Citizenship
1/17/2017
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Transparent image
Bar with different price for man and woman, VR accepted only on working days and more -
Some practices are so commonplace in our day to day lives that we end up not realizing how abusive they are. Some establishments may even pay a fine for not following the rules of the Consumer Defense Code. Therefore, the consumer needs to be aware of his rights and denounce.
Here are six situations that may seem normal, but should not be, and know how to react.
1. Restaurant, bar or ballad that charges different price for man and woman
The practice is illegal because it is based on discrimination. "The value should be the same for everyone, regardless of gender," says Procon-SP supervisor Márcia Oliveira to UOL. For her, this is not justified even if it is considered that the consumption of one is greater than the other - in a system of rotating food, for example.
What to do?
- Save the invoice, which is the proof of consumption;
- Write down the address of the establishment, the day and the time you were there;
- Report the case to a consumer protection agency, which must supervise the premises and mediate the negotiation with the customer and, if necessary, compensate for material losses and damages;
- If the settlement attempts fail or if there were moral damages, the consumer can resort to the Special Civil Courts, a former Small Claims Court, which handles cases of up to 40 minimum wages. You do not have to have a lawyer.
2. Restaurant that only accepts VR on weekdays
If an establishment accepts the meal voucher as a form of payment, it can not restrict use according to the day, date or time. You have to always accept it, including at night, on weekends and holidays.
What to do:
- Report the practice to your city's consumer protection agency. It is necessary to inform the address and the CNPJ of the establishment and to provide the invoice of the consumption, if it has. "If there are photographic records, they are welcome, but they are not mandatory in the complaints, because we always leave the good faith of the consumer," says the supervisor of Procon-SP.
3. Parking that does not take responsibility for objects left in the vehicle
The traditional plaque that says "We do not take responsibility for objects left inside the vehicle" is not illegal, but also not worth anything. The practice ends up being abusive because the consumer can not be subject to a condition of insecurity to enjoy the service.
What to do:
- If you notice the lack of any object, inform the parking administration;
- Ask for a document, in writing, stating what happened, also containing date and time of occurrence, object stolen and signature of the person in charge of the parking;
- Do not leave the place before obtaining this document; If the facility refuses to provide it, call the police to make a bulletin of theft;
- In an amicable way, try to request reimbursement of the stolen object. If there is no agreement, it is possible to appeal to a consumer protection body, only for material damages, or to the court if you want to seek compensation for moral damages). In this case, the Special Civil Courts, a former Small Claims Court, handles cases of up to 40 minimum wages and does not require a lawyer.
4. Bakery that only sells cigarettes with cash payment
If the establishment accepts other forms of payment (debit card, credit card, check etc.) from who drinks a coffee or buys a roll, you should also accept them from those who buy cigarettes. It is illegal to restrict payment methods for specific products or only for spending above a certain value.
What to do:
- Report to a consumer protection body. It is necessary to inform the address and CNPJ of the place and the invoice of the consumption, if any. If possible (but not required), please send a photo of the poster or sign that requires a certain form of payment for the product in question. The site must be inspected.
5. Hospital requiring a security check before hospitalization
It is unlawful to require the patient or his family any amount advanced as a guarantee of payment. The Consumer Defense Code understands that the hospital has other means of collecting the bill if it is not removed - including in court.
What to do:
- The fastest way to circumvent such abusive practice is by means of an injunction. "It only takes 24 hours for it to be sent to a forum on duty," Oliveira explains.
- If the escrow check has already been delivered to the hospital, file the complaint with a consumer protection body or the Special Civil Court (former Small Claims Court) and ask for an immediate return.
6. Bank that serves customers and non-customers differently
This is illegal because it disrespects not only the Consumer Defense Code but also the constitutional principle of isonomy - which states that there can be no distinction between people in the same situation, whether or not they are clients.
The National Monetary Council (CMN), the highest body of the National Financial System, also prohibits any difference in banking service. For example, prevent the person from making cash payment in the cash or charge fees for this or forcing them to go to another agency just because they are not an account holder.
What to do:
- Report the practice to a consumer protection agency for inspection;
- Make a complaint, in writing, at the agency where the service was performed or at the Customer Service Department (SAC) of the bank itself;
- If the return is not satisfactory, refer to the Ombudsman's Office;
Source: UOL
Read all about
- See more at: http://noticias.reclameaqui.com.br/noticias/6-praticas-abusivas-que-todos-aceitam-mas-nao-deveriam_2665/#sthash.zOy3aFjX.dpuf
Source: Claim Here
Our news is removed in full from our partners' websites. For this reason, we can not change the content of these even in cases of typos.
This article was translated by an automatic translation system, and was therefore not reviewed by people.