the phone company Claro was fined BRL 4.1 million for procon-MG, after advertising considered false about an offered plan. According to the agency, the company offered a portability plan.
However, what was conveyed is that the customer had the option of, when carrying out portability and receiving a free chip, whether or not to accept his loyalty to the operator.
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However, in practice, when the consumer chose the option without loyalty, the plan values increased exponentially.
This strategy of increasing prices led customers to contract, in a “forced” way, the plan with loyalty, as these were the prices initially offered.
Understand more about the decision of Procon-MG
After the decision, the agency guaranteed that this advertising, broadcast in a misleading way, was a company strategy to circumvent the legislation of the Consumer Code. In a note, Procon declared that: “Claro failed to provide clear, correct, precise and ostensive information”.
The agency even consulted the company, seeking to sign an agreement through a “Conduct Adjustment Term”. However, Claro did not want to accept the proposal.
In a note, the telephone operator declared that it had already provided all the necessary clarifications to Procon-MG.
The company also filed an appeal on the fine, declaring that the consumer has the right to choose when hiring.
Claro has already been fined before by Procon
Although the case did not happen in the region of Minas Gerais, but in Rio de Janeiro, the telephone company has already been the target of more than one fine in the state. The reason? Too many connections!
In May 2023, the company received a fine of BRL 12 million, after suffering several complaints from consumers, due to calls made by thetelemarketing from the company.
But the fine, in this case, came with some extra penalties, because the financial sanction alone did not work.
Thus, the judge responsible for the case, Alcides Fonseca Neto, determined that the company can only call during business hours: from 8 am to 6 pm, from Monday to Friday. Saturdays, Sundays and holidays are prohibited.
The judge also established that calls must be identified by the prefix 0303 — without the use of private numbers.
