a person who has been wrongfully accused by Claro in the last 7 years Will be compensation for a long period of harassment. Court, operator pay 4 thousand BRL for the plaintiff in the action against him as non-pecuniary damage.
The lawsuit began in October 2014, when the former customer canceled his contract with the service provider. However, collections of monthly fees continued, and Claro frequently called WhatsApp and sent charging messages for undue invoices that would be delayed.
The plaintiff has been contacted repeatedly to explain that the contract has been cancelled. In 2018, Claro realized she had actually made a mistake, but still continued to make collection calls.
“During this period, it must be shown that the plaintiff has reported multiple times that he has canceled the service package without any amount due due to the payment of the debt on the termination of the contract, which has not been taken into account by the defendant, who continues to insist on such a procedure.” – Notifies the decision of the court.
Is improper charging illegal or not?
Claro defends himself by saying he did not take any illegal action because he did not deny the name of his former client at credit protection agencies such as SPC and Serasa. But the judges’ decision disagrees:
“Such behaviors go beyond the tedium of everyday life and cause more than seven years of inconvenience to reach the consumer’s personality rights, become illegal, take his peace of mind and waste time filing a complaint. responding to phone calls and WhatsApp messages.”
In addition to compensation, the operator must pay a fine if it reverts to charging the claimant.
Source: Tec Mundo
