Justice applies a fine of R $ 50 million in TIM carrier for collective damages

A decisão reconheceu prática abusiva da operadora ao promover a “derrubada” de chamadas da promoção Infinity.
22/10/2018 17h07 - Updated 22/10/2018 17h07
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Luciano Nascimento – Agency Brazil

The Justice of the Federal District ordered the Tim on appeal to pay compensation for collective moral damages in the amount of R $ 50 millions. The decision published last Friday (19) recognized abuse operator to promote the "overthrow" of Infinity promoting calls through automatic shut down system.

The action 2013, promoted by the Ministry of Federal District and Territories (MPDFT), He argued that the operator was not providing services with due good faith, since the intentional interruption of promotional calls aimed to generate new connection charge. According to MPDFT, only in DF, no dia 8 March 2012, almost 170 thousand consumers were achieved for the unlawful conduct of the defendant.

The plan in question began to be offered in 2009. The remaining minutes would be free, provided that the number generated for another of the same carrier. According to the National Telecommunications Agency (Anatel), promoting eventually overload the system, which made the termination of the Plan Infinity four times greater than that of others of the same operator.

“It is clear the damage caused to consumers, in addition to being victims of false advertising, They had to redo the link to continue the call due to the culpable interruption and / or willful Service, especially those members of Infinity plans, shouldering again with the cost of the first minute of connection”, said the rapporteur, federal judge Maria Ivatônia.

Other side
The defense of Tim said Anatel's inspection did not detect the deliberate clearing of calls from Infinity plan, but a defect in the quality of service due to the protection system fraud, which prevented Tim deliver to consumers what it was they hired, that is, connections with unlimited duration by charging only the first minute.

In a statement the company said it has been notified by the court and will take appropriate action. “Reiterates Operator, anyway, Anatel has already confirmed the absence of any purposeful fall indication of links. "

In a report published in May 2013, the agency states that "it is not possible to conclude that TIM would be giving discriminatory treatment to users of prepaid Infinity plan". "Like this, the company strongly rejects any claim to that effect and reinforces its commitment to ethics and transparency in their business and the quality of their services”, the statement said.

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