123miles: see how to sue the company – 08/22/2023 – Market

Consumers injured by 123milhas, which suspended packages and flights last Friday (18), can go straight to the Judiciary against the online travel agency. Before, however, according to lawyers specializing in consumer law, it is recommended to look for Procon or consumer.gov.br.

Customers must have proof that they have done business with the company and argue that they will be harmed by the voucher offer, as tickets on the company’s website are costing twice the amount paid initially.

The action can be opened in the Special Civil Court, without a lawyer, as it is an action of up to 20 minimum wages (R$ 26.4 thousand). The JEC, former Small Claims Court, accepts lawsuits worth up to 40 minimum wages (R$ 52,800).

Customers can also file a public civil action that is open against the company. In this case, it is necessary to monitor which association or body filed with this type of process and ask to join the action after opening a public notice. In general, you need to be a member.

What are the rights of the consumer affected by 123milhas?

According to Gabriel de Britto Silva, a lawyer specializing in consumer law and legal director of Ibraci (Brazilian Institute of Citizenship), consumers injured by 123milhas are entitled to a full refund of the amount paid, with interest and monetary correction, from the date of payment. As the amount paid was in cash, even if paid in installments by card and not by voucher, the company should return it in cash.

Rodrigo Tritapepe, director of service and guidance at Procon-SP (Consumer Protection and Defense Foundation of São Paulo), says that the CDC (Consumer Defense Code) gives the customer three options in cases like this. It is possible to request a new ticket, accept the purchase certificate or request a refund.

I don’t accept the company voucher, what do I do?

Alexandre Ricco, specialist in consumer law, says that the consumer can accept the voucher if it is convenient for him, as there is no legal obligation for acceptance. “Contrary to the company’s position, the Consumer Defense Code guarantees the right to ask for the money back, insist on the provision of the service, or request an equivalent service provision”, he says.

What documents are required to file the lawsuit?

According to Idec (Brazilian Institute of Consumer Protection), all proof of payment that has been made, email exchanges with the company, receipts that have been issued and other proof of extra expenses must be attached to the judicial process. The more documents you have, the better for proof of material damage.

Maria Inês Dolci, a lawyer specializing in consumer protection, adds that the consumer needs to make a written complaint and record what is said over the phone. If you can’t get in touch either by phone or email, she also recommends sending a registered letter.

I bought a ticket through the company, but accommodation elsewhere. What do I do?

Maria Inês also says that the consumer has to be aware if he has already paid for a hotel and tours. In these cases, if you are unable to complete your trip or tour, you should also ask for compensation for these expenses or even compensation for moral damages, but the solution will depend on the judge in the case.

Should I complain to Procon before going to court?

Lawyer Alexandre Berthe advises the client to contact Procon and consumer.gov.br beforehand. “The problem is that the answer may take some time, which is beneficial for the company. In addition, agencies such as Procon, Reclame Aqui and Consumidor.gov.br do not have the power to oblige the company to do so.”

HOW DO I REGISTER A COMPLAINT ON CONSUMIDOR.GOV.BR?

How to file a lawsuit in the Special Civil Court?

To file a lawsuit in the Special Civil Court, it is necessary for the consumer to be aware of the place where he will be served. Territorial competence is established by law and determines the limits for filing the action. According to the rules, the action must be at the defendant’s domicile, in this case, 123 miles away.

Lawyer Raquel Castilho, from the Mauro Menezes Causa, says that, in general, the company’s cases must be up to 20 minimum wages. According to her, the advantage of the lawsuit is that the Court can force 123milhas to return the money and reimburse any other damages.

These actions have no procedural costs and the consumer must seek the court closest to their home. In the preparation of the initial petition, it is possible to count on the help of the judge’s own employees.

It is necessary, in addition to the documents that prove the damage, to take personal documents such as CPF and RG, and proof of address. It is possible to fill out the petition that can be found on the JEC website in SP (click here to print the petition).

You can also obtain online information about the JEC at this link.

How long can a process like this take?

According to Idec, there is no way to specify the response time to a lawsuit, because it varies greatly from city and state, however, the processes take, on average, from six months to a year.

Can I receive moral damages?

Diego Marcondes, from Marcondes Advocacia, says that it is possible to claim the right to moral damages in the following cases: traveling for work or visiting a sick relative, as well as if it is a trip to take care of health. Compensation must be claimed for “lost useful time”.