Post by messi05 on Jan 24, 2024 11:22:32 GMT
There cannot be a tying of insurance in the same purchase contract as a store credit card. This is what the 3rd Panel of the Superior Court of Justice understood when determining that a national clothing sales chain adopt different contracts when offering services to consumers. reproduction A clothing store chain had the practice of including insurance when offering its branded credit card. The decision involves public civil action by the Public Ministry of Rio Grande do Sul, but must be complied with by the company throughout the country, according to the STJ. According to MP-RS, many customers who registered at the store were included in the insurance automatically, without any information that this registration was optional.
The company and the bank offering the Buy Phone Number List card responded that every consumer was advised and received a copy of the contract, which would be sufficient to demonstrate knowledge of the clauses. The sentence, in the first instance, considered it “flagrant induction into error”. The court stated that many clients did not even notice the contract, as the value was low. The ruling determined a specific adhesion contract for each product or service that the store and the bank providing the insurance make available to their customers. The order was maintained by the Court of Justice of Rio Grande do Sul and also by the STJ.
Individual damages The first degree court had set compensation of R$50,000 for collective moral damages. This conviction, however, was overturned by the TJ-RS. The judges understood that it is possible to determine who the affected consumers are. Minister Paulo de Tarso Sanseverino, rapporteur of the case, stated that customers who felt aggrieved can file individual actions against the store and the bank. “The exclusion of damages in this collective action does not preclude the filing of individual claims requesting that the requested institution be condemned for compensation for the pecuniary and non-pecuniary damages actually borne by the injured consumers”, he highlighted.
The company and the bank offering the Buy Phone Number List card responded that every consumer was advised and received a copy of the contract, which would be sufficient to demonstrate knowledge of the clauses. The sentence, in the first instance, considered it “flagrant induction into error”. The court stated that many clients did not even notice the contract, as the value was low. The ruling determined a specific adhesion contract for each product or service that the store and the bank providing the insurance make available to their customers. The order was maintained by the Court of Justice of Rio Grande do Sul and also by the STJ.
Individual damages The first degree court had set compensation of R$50,000 for collective moral damages. This conviction, however, was overturned by the TJ-RS. The judges understood that it is possible to determine who the affected consumers are. Minister Paulo de Tarso Sanseverino, rapporteur of the case, stated that customers who felt aggrieved can file individual actions against the store and the bank. “The exclusion of damages in this collective action does not preclude the filing of individual claims requesting that the requested institution be condemned for compensation for the pecuniary and non-pecuniary damages actually borne by the injured consumers”, he highlighted.