Companies must have proof to fine
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Saulo Luz
Even in loyalty, government guarantees the right to cancel free of poor service
The consumer "Loyal" no longer needs to continue "slave" of the mobile operator which always signal failure or broadband service that does not connect. Now, to levy fines of customer loyalty requesting cancellation (common practice in mobile telephony and broadband Internet), companies will have to prove that it is the consumer who is violating the contract.
According to the technical note issued this week by the Department of Consumer Protection (DPDC) of the Ministry of Justice, in such cases, the burden of proof lies with the company. So instead of having to establish consumer service issues the company (for withdrawal), the operator must show that the claim has no merits.
The note says that DPDC quality conditions predetermined by the contract must be followed to the end and the mere allegation that the consumer is not receiving proper service serves as a reason for discontinuation of the contract. Still, if the company maintains the fine for the cancellation, it will be up to prove that the service worked.
According to Estela Guerrini, lawyer of the Brazilian Consumer Defense (Idec), this is a principle of the Code of Consumer Protection (CDC) to defend the client who suffers from an inequality of information on the company.
"The consumer has no way to prove that an internet service or mobile device, for instance, was not working at any given place and time. Only those who have access to this information is the business, "says Estela.
She points out that it is important to the consumer to have a copy of the contract and note the date and place of occurrence of problems. "This can serve as evidence in Procons and a possible court battle," he added.
Another example of breach of contract when the wireless provider performs the misappropriation of services that were not requested by the client - irregularity in the collection was a major cause of complaints against wireless carriers this year's National Telecommunications Agency (Anatel), as 115,064 complaints.
JT got in touch with mobile operators to see if they follow the guidance of DPDC. NET said it would comply with the new regulations. Already Vivo says it is aware of the opinion and its content is already being evaluated by the operator. TIM said it meets all FCC rules and the Code of Consumer Protection and that individual cases are examined and treated for proper resolution. The Hi says that does not charge fine loyalty and believes that consumers should experience services and the operator's plans as long as you want.
CAUTION
The maximum period of stay (loyalty) permitted by the General Plan of Quality for the Personal Mobile Service (mobile) is 12 months
In case of service failure, Article 20 of the CDC provides the consumer with the reduction in the price or contract termination without prejudice to the consumer
It proves that the company did not fail and that is the consumer who is not fulfilling the contract. It is recommended that the client search Procon or switch to a Special Civil Court
Source: Jornal da Tarde
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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