TIM is a Brazilian telephone company that has been operating for 27 years in the market offering several service types. It is the third largest operator in Brazil, behind only Vivo and Claro. It was the first to offer 3G internet in its prepaid mode. His fine in the amount of R$ 308,000 was given for undue charges.
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Undue charges caused TIM to be fined
The 12th Chamber of Public Law of the Court of Justice of São Paulo confirmed the decision of the 1st Public Treasury Court of São José dos Campos to maintain the R$ 308,000 fine applied by Procon to TIM S/A.
According to the records, the initiation of this administrative procedure came from complaints from four customers. They claimed that the company made undue charges for non-contracted services. The fine was drawn up from the moment that there was no solution to this problem, that is, that the company ignored the numerous attempts by consumers.
“There is no need to talk about curtailment of defense or mere presumption of authority regarding the offenses imputed to the plaintiff in the records of the administrative proceeding, much less lack of of reasons for the decisions rendered there, the authority having analyzed each of the arguments and decided on the soundness of the inspection conclusions, not having now appellant presented any documentation or argument capable of putting in doubt the occurrence of the infraction”, wrote the rapporteur of the appeal, the judge Souza Meirelles.
Judges' conclusion
The magistrate highlighted the conclusion of the 1st degree judgment as correct. Considering the total number of TIM customers, many consumers were also exposed to this abusive and illegal practice.
Judges Osvaldo de Oliveira and J. M. Ribeiro de Paula complete the group who acted in the trial of this case. This decision was given unanimously by the judges. Therefore, the operator is obliged to pay a fine of R$ 308 thousand.
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