Post by account_disabled on Jan 23, 2024 6:45:12 GMT
Accurate information about the deadline and conditions of the offers led the Rio de Janeiro court to award compensation for collective moral damages of R$20,000 against each company. The conviction followed a public civil action proposed by the Public Defender's Office of Rio de Janeiro. The agency alleged that companies were distributing printed advertising in the state using small letters. The Defender's Office added copies of the advertising pieces to the file, in which it pointed out the difficulty in reading terms such as the period of validity of the offer, the interest rate applied to the operations, the number of installments accepted, among other aspects.
In the first instance, the judge established Buy Phone Number List compensation for collective moral damage and set a daily fine of R$10,000 if companies did not adapt their advertisements to the advertising standards set by the Consumer Protection Code. The sentence was upheld by the TJRJ. The judges extended the rule established in article 54 of the CDC – which determines, in the case of adhesion contracts, the adoption of legible font and no smaller than size 12 – to the hypothesis of offers published in newspaper inserts. The Rio de Janeiro court understood that the size of the font used to record the conditions of the offers impaired the consumer's immediate understanding and violated the principles of transparency and objective good faith.
When analyzing the special resources of retail companies, Minister Salomão highlighted that, according to the Rio de Janeiro court, the companies did not prove that the advertising inserts discussed in the public civil action were sufficiently clear in relation to the specific conditions for purchasing the products by the consumer. “Furthermore, the state court considers the unlawful act to be proven in nature, and collective moral damage to be characterized, insofar as the defendants’ conduct consistent with the violation of the collective right to information harmed the interests of consumers”, pointed out the minister.
In the first instance, the judge established Buy Phone Number List compensation for collective moral damage and set a daily fine of R$10,000 if companies did not adapt their advertisements to the advertising standards set by the Consumer Protection Code. The sentence was upheld by the TJRJ. The judges extended the rule established in article 54 of the CDC – which determines, in the case of adhesion contracts, the adoption of legible font and no smaller than size 12 – to the hypothesis of offers published in newspaper inserts. The Rio de Janeiro court understood that the size of the font used to record the conditions of the offers impaired the consumer's immediate understanding and violated the principles of transparency and objective good faith.
When analyzing the special resources of retail companies, Minister Salomão highlighted that, according to the Rio de Janeiro court, the companies did not prove that the advertising inserts discussed in the public civil action were sufficiently clear in relation to the specific conditions for purchasing the products by the consumer. “Furthermore, the state court considers the unlawful act to be proven in nature, and collective moral damage to be characterized, insofar as the defendants’ conduct consistent with the violation of the collective right to information harmed the interests of consumers”, pointed out the minister.