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Law protects against misappropriation

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 
Saulo Luz


Companies must report their data in the slips, making the contact for the customer

It'll get easier for the consumer to contact a company if it makes a misappropriation or with wrong values. From now on, all bills and invoices sent to the customer must include your name, address and registration number in the National Register of Legal Entities (CNPJ) - or Individual Taxpayer Registry (CPF) where appropriate - the supplier of the product or service concerned.

This determination is the Law 12039/2009, which amends the Code of Consumer Protection (Law 8.078/90) sanctioned by the vice-president, José Alencar, and benefits consumers who are victims of over-payments.

The union that represents the recovery agencies in Sao Paulo (SESCOM-SP) said that already guides the recovery agencies to comply with the law.

"It's been common for the release of documents in debt collection - especially the boleto option - for consumers, without their having purchased goods or contracted to provide services of favored firms," said Senator Gerson Camata (PMDB-ES) in justifying PL 314/2006, which led to the new law. Opinion shared by Polyanna Carlos da Silva, a lawyer for the Brazilian Consumer Protection (Pro Test). "The name, corporate identity number and address, the consumer can immediately send a letter with acknowledgment of receipt (AR) to question the collection or to bring a lawsuit against the company," she explains.

With the ease of contact with the company, consumers can avoid that, due to non-payment of improper slip, your name is entered in the databases of the services of credit protection.

The marketer Natalia Marques Bragança, 19 years, for example, had its name included in the Protective Service (SPC), because of a misappropriation. "A wireless provider sent numerous letters saying that I had a debt of R$ 877,74 - which is a lie. But the letters were only a phone call and no one could answer me anything, "she says that the situation was rectified only after seeking the help of column Defense Lawyer, the Jornal da Tarde. "If this happens again, I can go to court because the company must inform the address and CNPJ" he concludes.


BOLETO NOT RECOGNIZED: WHAT TO DO

Write to business letter with acknowledgment of receipt (AR) emphasizing that does not recognize the charge.

If you have already paid the charge, Article 42 of the CDC states that the return should be doubled, with interest and inflation

If the company was slow to resolve the case in court to claim their town and ask for punitive damages for misrepresentation and had difficulty to recover the money that is their

If you have not paid the charge improperly, but his name is entered in registers of credit protection (such as SPC and Serasa), there are also entitled to punitive damages. In court, the path is the Special Civil Court for the causes of up to 40 minimum wages - it is up to 20 times, no need to hire lawyer



Source: Jornal da Tarde

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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