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Anatel approves new consumer law rules

December 21, 2023

By Leonardo Neri

Anatel has approved the new version of the General Consumer Rights Regulation (RGC) after extensive internal analysis. Anatel’s president highlighted the importance of this regulation as a means of protecting consumers. The board proposed several changes, including extending call center opening hours from 6:00 a.m. to 10:00 p.m.

However, the mandatory in-person service was not maintained, making it optional according to Emmanoel Campelo's report. It was decided that operators can migrate customers to other plans at the end of their contracts, as long as they are of equal or lesser value and without a term of permanence.

Small-scale service providers (PPPs) will receive special treatment, especially those with fewer than 5,000 users, and will be exempt from complying with some RGC rules. Exclusively digital offers have been authorized, containing clear information on restrictions and alternative channels for contact in case of problems with digital service.

More flexible rules were introduced for refunding amounts to users, as well as a suspension rule that allows the complete interruption of the service in cases of default, without additional charges, for a period of 60 days.

The council also proposed measures to combat dark patterns of consumer induction into certain offers, increasing transparency. In addition, ESG commitments aligned with the UN 2030 Agenda were included, which will be monitored by a working group of the agency.

Measures were implemented to prevent the abusive use of data allowances in advertising on videos, apps and social networks. There was also concern about planned obsolescence of equipment, with the technical area responsible for studying international best practices.

These new rules will come into force in nine months with regard to general rules and in 15 months with regard to bid registration and price adjustment rules.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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