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Have you ever heard of the rights of defaulting consumers, or debtors' rights? If not, read the text and learn more!
Many consumers face a delicate and frustrating situation: receiving a bill for a debt that does not belong to them.
This scenario can occur for a variety of reasons, including administrative errors, fraud, or even identity theft.
When this happens, it is essential that consumers know their rights and know how to act to protect their financial reputation.
In this article, we will cover the rights of defaulting consumers and how to proceed when faced with an undue debt, exploring the necessary measures to ensure legal protection.
Understanding the rights of defaulting consumers
In Brazil, the Consumer Protection Code (CDC), established by Law No. 8,078/90, is the main instrument that protects defaulting consumers.
One of the pillars of this code is to ensure that consumers are not penalized for debts that do not belong to them.
Article 42 of the CDC establishes that, in the event of an undue charge, the consumer has the right to reimbursement of double the amount paid, plus interest and monetary correction, provided that payment has been made.
The CDC also ensures the right to information, requiring all companies to clearly and precisely provide the origin of the debt and supporting documents that attest to the veracity of the charge.
When a debt is not yours, the company is required to present concrete evidence, such as contracts or proof of transactions, to justify the collection.
Otherwise, the consumer can directly contest the charge with agencies such as Procons or even resort to Judiciary to avoid further losses.
How to proceed when faced with an undue charge?
If you've been surprised by an undue charge, your first reaction should be to understand the origin of the debt and then take action to resolve the situation.
The first step is to contact the creditor company and demand a detailed explanation and supporting documentation for the alleged debt.
Companies have a legal obligation to provide these documents, which is a right guaranteed by the CDC and essential for the consumer to be able to fully exercise their rights. rights of defaulting consumers.
If the company cannot prove the debt or presents questionable documentation, you should immediately dispute the charge.
However, this can be done through an extrajudicial notification or a formal complaint to consumer protection agencies, such as the Procon, which may intervene in the negotiation and, if necessary, apply administrative sanctions to the company responsible for the undue charge.
If the undue charge is accompanied by drastic measures, such as including the consumer's name in the default records of the Serasa or SPC, it is essential to act quickly to prevent your name from being unfairly blacklisted.
In this case, in addition to contesting the debt, it is recommended to register a Police Report (BO), especially if there is suspicion of fraud or identity theft.
This document will be essential to protect your rights.
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Rights to compensation in cases of undue charges
In addition to having their name removed from defaulters' lists, consumers charged for a debt they did not incur are entitled to compensation for moral and material damages.
Situations of public embarrassment, loss of credit in the market or financial losses resulting from undue negative listing may be sufficient grounds for the consumer to seek legal compensation.
Recent decisions of the Superior Court of Justice (STJ) reinforce the rights of defaulting consumers in cases of undue charges.
A notable example is that of a consumer who, after having her name blacklisted for a fraudulent debt, managed not only to have her name removed from the list of defaulters, but also to receive compensation for moral damages in the amount of R$ 10,000.00.
This type of legal action, based on the Consumer Protection Code (CDC), aims to repair the damage caused and helps discourage abusive practices by companies.
Fraud and its legal consequences
In many cases, undue charges are the result of fraud, such as identity theft or credit card cloning.
These scams can result in accounts being opened, services being contracted, or purchases being made in someone else's name, generating debts that the real account holder never incurred.
In situations like these, it is crucial that consumers act immediately, both to protect their name and to prevent future fraud from occurring.
The registration of a Police Report (BO) It is the first step to formalize the complaint and ensure that the debt is not attributed to the injured consumer.
Furthermore, the Central Bank of Brazil recommends that, upon identifying a possible fraud, the consumer contact the financial institution responsible for the transaction to dispute the transaction and request an investigation into the case.
Banking institutions and credit companies have a duty to analyze allegations of fraud and, if confirmed, remove the consumer's name from default records, as stipulated by the rights of defaulting consumers.
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Preventive measures against fraud
While the Consumer Protection Code (CDC) offers protection against fraud and unauthorized charges, it is equally important for consumers to take preventative measures to avoid these situations.
Among the main recommendations are the constant monitoring of the CPF and credit score, using strong passwords and checking online purchases on trusted sites.
According to a survey carried out by Serasa Experian, the number of attempted financial fraud increased by more than 50% during the pandemic, highlighting the need for greater caution when carrying out digital transactions.
Additionally, many banks offer real-time notification tools to alert consumers to suspicious activity in their accounts.
Certainly, these solutions are an effective way to identify potential fraud early and prevent further losses from occurring.
Comparison table: Rights of defaulting and regular debtor consumers
| Aspect | Defaulting consumer (legitimate debt) | Defaulting consumer (undue debt) |
|---|---|---|
| Origin of debt | Contracted by the consumer | Generated by error or fraud |
| Responsibility | Personal, with possibility of negotiation | None, requires contestation |
| Right to information | Yes, it must be clear and precise. | Yes, the company must prove the debt |
| Compensation for moral damages | Not applicable | Possible, if there is undue negative listing |
Final considerations
Ultimately, consumers in default, whether due to a legitimate debt or an undue charge, have rights protected by Brazilian law.
In the case of debts that are not yours, it is crucial to know and assert these rights to avoid financial losses and protect your reputation in the credit market.
Therefore, acting quickly, using available legal mechanisms, such as legal challenges and consumer protection agencies, is essential to effectively resolve these situations.
Brazilian legislation offers robust tools to protect consumers, and knowing them is the first step to ensuring that your rights of defaulting consumers are respected in any situation.
Relevant quote
“The defaulting consumer has the right to be treated with dignity and respect, and cannot be penalized for administrative errors or fraud committed by third parties.” — Superior Court of Justice (STJ)
