Store does not have to respond to class action for individua

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Specific problems between individual buyers and retailers in the context of e-commerce, such as delays in dispatching products or difficulties in refunding canceled purchases, do not justify the filing of a collective consumer action.





reproduction

Magazine Luiza was acquitted by the Court of Justice of Rio Grande do Sul

Reproduction

The conclusion was reached by the 12th Civil B2B Lead Chamber of the Court of Justice of Rio Grande do Sul when it reformed the sentence that condemned Magazine Luíza to pay R$ 80 thousand as collective moral damages, money that would be reverted to the Fund for the Reconstitution of Injured Assets, and also publicizing the conviction in the main newspapers in Rio Grande do Sul.



Specific mistakes

The rapporteur of the appeal, judge Ana Lúcia Carvalho Pinto Vieira Rebout, explained that the Public Prosecutor's Office filed the action based on a main fact: that the defendant sells products from his website and does not deliver them, nor does he reimburse the purchase canceled within a reasonable time. However, this MP narrative does not hold water, according to the rapporteur.



"Carefully reading the statements attached to the file, it appears that they all raise issues of specific and merely individual errors in the acquisition of products through the defendant's website", she argued. In other words, a common basic legal relationship was not established.



For the rapporteur, the body of evidence appears to be incapable of meeting the basic requirements for filing a collective action, as there is no nexus that brings together a group, nor a situation shared "indivisibly by an indeterminable group". In collective interests, what unites the group is a common basic legal relationship, which must be resolved in a uniform and indivisible manner for all its members.







Negrified commercial image

"These are episodes like so many others faced by this same collegiate, in the repetitive actions, for example, addressed against telephone companies for insertion of uncontracted products on invoices and other mistakes, which, despite the complaints of the consumer, will absolutely be able to justify the heavy demand proposed, denigrating, without a doubt and without any reason to justify it, the commercial image of the defendant, a company known to be reputable, even intending to reflect on the community, with its condemnation to pay moral damages collectives, which, once again, leads to perplexity", wrote the judge in the vote.