Survey carried out by Peck Advogados indicates cases in court, at a national level, in which companies and consumers suffered legal proceedings after falling for internet scams
By Henrique Rocha, DPO, partner at Peck Advogados
An exclusive survey carried out by Peck Advogados indicates a variety of judicial processes, that is, which reached their end, after Black Friday, generating everything from euphoria to nightmare for those involved. The team, specialized in Digital Law, analyzed judgments of civil actions filed after that date in some Courts in Brazil.
“It is not new that Black Friday is expected by consumers and companies in Brazil. But with the growth of online commerce and the ease of purchasing various products and services, the number of commercial transactions grows every year and, with them, fraud, failures in the provision of services and disagreements between consumers and retailers”, comments Henrique Rocha , partner at Peck Advogados.
For those interested in exploring the results of the festive date, some recommendations are valid and should be repeatedly applied and improved:
CONSUMER | COMPANY |
Be careful with over-indebtedness during this period, after all, Christmas is just around the corner | Update your discount and product exchange policies for the period |
Use search engines with price history for products and services. Avoid buying half as much on impulse | Keep website terms of use and privacy policy updated |
Pay attention to the website and payment method being used. Security and reliability of the website/app are crucial. Avoid fraud and headaches | Monitor stocks and limit purchasing volume. Minimize ticket sales on this date |
Do not use third-party equipment or lend your devices to other people to make purchases during the period | Monitor, take down and dispute fraudulent domains (.com.br and .com) that may impersonate your brand |
Use temporary virtual cards and segment by company/product purchased | Ensure offers that are effectively promotional. Control bodies have taken action against companies for misleading offers |
Archive advertisements and payment flows for purchases made. It might be useful in the future. | Establish active notices, alerts and guidelines on the webpage, with a dedicated FAQ including |
Be wary of very low prices and read the small print. Often the offer presented has volume limitations, longer terms and even unusual payment methods | Strengthen digital resilience with website access controls and user authentication |
Keep your applications up to date, use strong security passwords and use security applications such as antivirus on a recurring basis | Maintain alerts on your platforms about applicable precautions for transactions during the period. If possible, indicate the institution's official payment channels and methods |
“By following these tips, the risk of suffering from fraud during the period tends to decrease and guarantee a fear-free celebration”, says Rocha.
Some cases involving Black Friday that were judged
In a case judged by the 29th Chamber of Private Law of the Court of Justice of São Paulo (TJSP), the court faced a demand made by a consumer against a company after purchases made on Black Friday 2020. After three years of legal proceedings, the court understood that the case was, in fact, a Black Fraud and removed the company's responsibility, attributing responsibility for the loss experienced to the consumer, as it was found that the consumer lacked due diligence in purchasing a product on a fraudulent website without adopt basic precautions in the digital environment.
The Santa Catarina Court upheld the claim of a company fined by Procon after actions that took place on the festive date in 2021. In short, the consumer protection body had sanctioned the company for practicing, in theory, the famous discounts “for half of double ”, inferring that the prices of Black Friday offers were artificially deflated.
According to the TJSC, however, the company was able to prove that the discounts were effective and that, compared to the previous period, there was in fact a reduction in the amount paid by consumers. As a result, the Court dismissed the fine imposed and awarded the case to the company.
In an action judged by the 2nd Civil Appeal Panel of the Court of Justice of Rio Grande do Sul (TJRS), in 2020, however, the allegation of fraud was not met and the consumer was compensated after proving that, even paying by bank slip, the recipient of credit was the company responsible for the sale, and not a fraudster as alleged by the supplier. The letter presented by the intermediary bank was decisive in reforming the sentence and winning the consumer's case.
Finally, also in 2020, the Court of Justice of Rio de Janeiro (TJRJ) faced a similar case and, even recognizing the purchase on a fraudulent website, determined the conviction of the company based on the risk theory of the enterprise, given that both the fraudulent website and the invoice issued by the fraudster were similar to those offered by the company, which, although it was theoretically aware of the facts, did not act with sufficient technological resources to inhibit the practice, nor did it warn consumers about the existence of fake websites, notably during the Black Friday period. .
Source: Gazette of the Week