1) Some defects can be fixed for free even after the warranty period
LAW Article 26 of the Consumer Rights Code
“Hidden vices” are problems that are not easily identified and can take years to manifest themselves in durable goods (such as automobiles and electronics). If it occurs, the consumer has up to 90 days to complain to the supplier, even after the warranty period. The problem is to prove a hidden defect – since it is the supplier who defines the useful life of the product. However, as there are not always objective criteria for this definition, a judge can analyze the case and say whether the goods lasted less than expected.
2) If you are going to travel, you don’t need to pay for internet at home
LAW Anatel Resolutions 426, 477, 488, 614 and 632
It is possible to request the temporary suspension of services such as internet, cable TV or telephone and, consequently, the interruption of the monthly fee. It is a very useful guarantee for those who carry out long trips, for example. The consumer must be up to date with you previous payments and you can interrupt it once every 12 months, for a period of 30 to 120 days.
3) You don’t need to buy more items than you need
LAW Article 30 of the Consumer Rights Code
You know when beer comes in a bundle of cans, but you only need a few? You can take that part, paying the proportional amount. But the so-called “fractional sale” can only occur if the separation of its part preserves the manufacturer’s mandatory information on the packaging and does not compromise the integrity of the product, making it unfit for consumption.
4) When there is no change, the problem is with the store
LAW Article 39, items I and II of the Consumer Rights Code
You are going to buy something for R$9.70 and you only have a R$10 bill. The seller has no coins. And now? It’s up to him to resolve the situation. It is considered an abusive practice to impose substitution with equivalent goods (the famous “candy”), to round the value up or to refuse to provide the service. It is also wrong to limit the maximum amount of change, a common practice in public transport terminals such as subways and buses. In theory, the passenger could use the service without paying – although Procon asks everyone to act with “common sense” in situations of this type. Some states are trying to implement a law that limits change to only R$50.
– (Valdeir/Strange World)
5) You cannot be forced to buy a product to take another one you really want
LAW Articles 6, item II, and 39, item I, of the Consumer Rights Code
This practice, called “tied selling”, is not always easy to identify. It can be seen, for example, in the “combos” of telephone companies (pay TV + telephone + internet, for example). You three services need to be available individually – but the company is entitled to charge more for them separately, making the “kit” more advantageous. Another famous example of “secret” tying: a movie theater cannot prohibit the entry of food bought elsewhere, forcing the goer to consume it in its bombonnière. It is an abusive practice that violates freedom of choice.
6) Every product dangerous to health must make this clear
LAW Articles 8 and 9, and 31 and 35 of the Consumer Rights Code
The rule applies to objects with obvious risks, such as knives and gas cylinders, but also to others that seem harmless, such as toys (small parts can be ingested, for example) and 3D TVs (they can cause nausea). The warning must be clear, adequate and included both on the packaging and in the advertising of the merchandise. If the information is withheld, you can demand replacement with another product of equivalent value or get your money back.
7) Two different prices? worth the least
LAW Article 5 of Federal Law No. 10.962/04
Supermarkets sometimes have messy shelves where the product is not always close to its price tag. This is a serious problem. The establishment can never confuse the consumer or induce him to error. You values need to be well localized. If there are two prices recorded for the same commodity, the consumer will pay the lower of them. Another important piece of information: there is no law guaranteeing that, in the absence of a price, the product can be taken for free. But if this error is frequent, the store can be fined.
8) Students have the right to finish the school year
LAW Federal Law 9870, Article 6
Ih, money tightened and you (or your guardian) could no longer pay the school tuition. It doesn’t matter the month, or whether it’s school or college: elementary, high school or higher education students cannot be prevented from finishing the current academic year or semester. The establishment must allow him to complete the period and cannot apply pedagogical penalties, such as preventing do evidence, retain documents or hinder transfer to a public institution.
9) If you bought it online and you don’t like it, you can return it
LAW Article 49 of the Consumer Rights Code
Our legislation guarantees the “right to regret” whenever you acquire anything outside a commercial establishment – for example, via the website, telephone or catalogue. When the product arrives at your home, you have up to seven days to return it and receive 100% of the amount paid. And beware: the supplier cannot demand to know the reason, charge fees, withhold any amount or require the consumer to pay the cost of return shipping.
10) Undue charges must be double refunded
LAW Article 42, sole paragraph of the Consumer Rights Code
We imagine that, when you pay, by mistake, some amount beyond what was agreed (as in a wrong invoice), you demand your money back. But did you know that you can ask for it twice? When purchasing a product, you are the one who must prove that the charge was undue. However, when acquiring a service where it is not always possible to obtain evidence of infringement, it is the supplier who must prove that there was no damage. According to article 6, item 7, of the CDC, if he fails, it will be presumed that the consumer’s claim is true.
11) In the event of a natural disaster, you can cancel a trip and claim a refund
LAW Article 4 of the Consumer Rights Code
Imagine that you are at an airport and discover that a hurricane is destroying the city where you plan to go. And now? Risk your own safety or lose your travel money? Neither one of the two: if you purchased the ticket and/or accommodation with a Brazilian company, you can cancel or reschedule the service, without fees or fines. Natural disasters, epidemics or attacks are unpredictable, so they are included as a risk of business activity – that is, the onus is on the supplier. If he does not comply with the change requested by the consumer, he can be sued in court.
12) Parking is always responsible for vehicles
LAW Precedent No. 130 of the STJ, Article 14 of the Consumer Rights Code
It is no use for the parking lot to hang a sign saying that it is not responsible – it will always have to compensate for damages to the vehicle or goods left inside it. Even if the service is free! In vacancies of commercial establishments, the rule only applies if the damage occurs while the customer is there.
13) Did the call drop? The next one is free
LAW Article 39-A of Anatel Resolution No. 477
Some telephone companies started not to charge for minutes, but for calls. But soon some users noticed a “trick”: your phone calls kept dropping, forcingyou making a new call (and therefore paying again). This is illegal. Successive calls within an interval of less than 120 seconds made from the same mobile phone to the same number must be considered a single call and charged only once.
14) In case of overbooking, your well-being is the responsibility of the airline
LAW Articles 10, 11, 12, 13 and 14 of Resolution 141/2010 of the National Civil Aviation Agency; articles 6 and 20 of the Consumer Rights Code; and articles 186 and 927 of the Civil Code
“Overbooking” is the practice of airlines selling tickets to more people than the plane can hold. If none of them cancels the flight, there will be a shortage of seats – and those left out are entitled to various compensations. For example:
– Reaccommodation on another flight of the same company or another, with the same destination
– Reaccommodation on another flight, at a date and time convenient to the passenger
– Full refund of the ticket value, ensuring the return to the airport of origin
– Reimbursement of the ticket value of the unused section
– Carrying out the trip by another means of transport
– For delays of over an hour, free telephone or internet access
– In delays of more than two hours, adequate food
– In delays of more than four hours, accommodation in a suitable place, transfer and, when necessary, accommodation service
What is the difference between law, article and item?
Understand the different types of legislation
– LAWS: They are made by the legislative power (the Consumer Defense Code, for example, is Federal Law No. 8.078/90)
– ARTICLES: They are subdivisions of the Laws
– ITEMS: They are subdivisions of Articles
– RESOLUTIONS: These are rules established by regulatory agencies in certain sectors, such as Anac (civil aviation) and Anatel (telephony).
– SUMMARY: They are prepared in Superior Courts (such as the Superior Court of Justice or the Federal Supreme Court) to resolve controversies in laws that may allow multiple interpretations
CONSULTANCY Francine Delfino, lawyer, Patrícia Alvares Dias, supervisor of Procon-SP