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Brazil: New federal decree establishing new guidelines for customer service is published

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In brief

Federal Decree No. 11,034 of 2022, published on 5 April 2022, regulates Law No. 8,078/1990 – the Brazilian Consumer Defense Code, and establishes new guidelines regarding customer service center (Serviço de Atendimento ao Cliente or SAC).

Further details

The new decree brings innovations to the SAC, which must guarantee that consumers obtain adequate information about contracted services and treatment of their demands. It is important to note that the rules are valid for service providers regulated by the federal government and not for the general offer of products and services.

The decree provides that access to the SAC must be free of charge and have uninterrupted availability  24 hours a day, seven days a week. The telephone option will be mandatory and the service cannot be conditioned upon prior provision of the consumer’s personal information. Linking advertising messages during the waiting time is prohibited — except for those dealing with consumer rights and duties.

Customer service by telephone cannot be offered for less than eight hours a day and must provide human assistance. The decree also determines the inclusion of complaint and cancellation options in the menu, as well as a maximum waiting time for contact with the attendant and the possibility to transfer to the appropriate sector. If the call ends before the problem is resolved, the supplier must revert to the consumer and complete the service.

Accessibility also becomes mandatory and shall be provided for people with disabilities.

Customer service must guarantee service in a timely manner, as well as the secure and private resolution of consumer demand. It must also ensure that the treatment of the consumers’ personal information is in compliance with the provisions of the Brazilian General Data Protection Law (LGPD).

Furthermore, the possibility to monitor demands through registration or a numerical procedure must be available to consumers. All demands must be answered within seven calendar days from the date of registration. Consumers must receive a response regarding their demands by electronic means or by mail — with clear, objective and conclusive answers.
Lastly, cancellation requests made by consumers must be secured by all available means that are available when contracting the service. This service must be immediate. Consumers are entitled to all information regarding the conditions applicable to termination and possible fines.

Our Environment, Consumer and Sustainability team is available to provide further clarification on this topic.

Read the alert in Portuguese here.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America.  Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee.

Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders.

Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations.

In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization.

In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code.

Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors. 

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Beatriz Rodrigues Alves joined the Firm in 2021. She integrates the Environmental, Consumer and Sustainability practice group, with focus on consultancies, due diligences, administrative and judicial proceedings. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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