By: Vitor Antony Ferrari, Ivan Kubala
The National Consumer Secretariat (SENACON), part of the Ministry of Justice, is preparing a notification for the companies SERASA and SuperSim for the alleged remote blocking of cell phones of debtor customers who stopped paying their debts. Several consumers reported that their cell phones simply froze, and could not be unlocked or made calls other than emergency calls, i.e., rendered useless.
The action is based on accusations of violation of the General Data Protection Law (LGPD), the Internet Civil Rights Framework Law and the Consumer Protection Code, since the measure was taken without the consent of the Central Bank and Anatel.
The reason for the blocking would be the default on installments relating to loans whose collateral was the device. To obtain the loan, the consumer had to sign a contract in the text of which there was a clause expressing the possibility of blocking the device in the event of default.
When questioned, SuperSim confirmed its participation in the scheme. However, it defended itself by claiming that the blocking is legal, in compliance with the law and has legal support. SERASA said that it never participated in anything of the sort and was never involved with SuperSim.
It should be noted that the contract signed by the consumer is an adhesion contract, characterized by the impossibility of changing the contractual clauses. However, so that the consumer, the weaker party in this relationship, is not unduly harmed, any clause considered abusive will be considered null and void.
In the case in question, the loss of the right to use one's property can be understood as abusive, since according to the Civil Code, whoever holds possession of a property has the free right to its use and enjoyment.
If the court finds that the consumer has been excessively harmed, the companies responsible may be penalized and must compensate those injured.
It is extremely important that consumers who feel harmed seek qualified professionals in order to stop the violation of their rights.
With the collaboration of Luis Felipe Meira M. Simão