posted on 07/08/2022 14:31 / updated on 07/08/2022 14:32
(credit: Valter Campanato/Agência Brasil)
A conviction against the telephone operator Claro was upheld by the 3rd Appeals Panel of the Special Courts of the Federal District Court of Justice (TJDFT). The company made excessive calls and messages offering products and services to Grazielly de Matos Oliveira Brito. The appeal of the telephone company, on the configuration of moral damages, was rejected by the Class, which maintained the sentence of payment of R$ 3 thousand.
The plaintiff reports, in the lawsuit, that she continued to receive calls and messages even after refusing plans for offers three times. The approach was made at different times of the day and, even asking for the interruption of the annoyance and the suspension of the calls, the request was not answered by the operator.
A decision in the 1st instance determined the transfer of calls and messages, under penalty of a fine of R$ 200 for failing to comply with the order, indemnifying the client for moral damages. The company argued that, even excessively, calls do not constitute moral damage.
Observing the numerous lines through which the operator approached the consumer, the collegiate considered the practice as abusive, offending the client’s personality rights, motivating the maintenance of the conviction.