Follow on Google News

São Paulo, April 2024: The 4th Panel of the STJ held, by a majority vote, that it is valid to notify consumers by electronic means (e-mail) prior to their registration in a credit protection register. Following the vote of the Reporting Justice Maria Isabel Gallotti, the panel considered that the Consumer Protection Code (CDC) only requires that the communication be made in writing, and that the new technological reality in which today's society is inserted must be observed.

The discussion was motivated by an appeal filed in a case before the TJRS where a consumer claimed that the e-mail notification did not meet the requirements of art. 43, § 2, of the CDC.

In her vote, the Justice also clarified that, even for postal correspondence (letters), the STJ does not require acknowledgement of receipt. For this reason, it was not appropriate to make this requirement in relation to e-mail either.

The debate also mentioned the need for consumer law to keep pace with technological advances, striking a balance between innovation and protection. The collegiate understanding paves the way for future discussions on how legal practices can evolve to better meet the needs of an increasingly digitalized society.

“This STJ precedent serves as a milestone in the journey towards the modernization of Brazilian justice, highlighting the court's commitment to adapting to emerging realities and safeguarding consumer rights in all media,” says Elias Sfeir, president of the National Association of Credit Bureaus (ANBC).

STJ

ANBC Press Relations

Regina Pimenta: (11) 98136.6835 regina@pimenta.com

Ana Carolina Rodrigues: (11) 98674.0348 anacarolina@pimenta.com