Justice prohibits company from blocking cell phones of debtors – 07/18/2023 – Market

The Justice of the Federal District and Territories prohibited credit companies from blocking the cell phone of debtors, as a way of pressuring for payment. Idec (Brazilian Institute for Consumer Protection) and MPDFT (Prosecutor’s Office of the Federal District and Territories) filed a lawsuit against SuperSim and Socinal.

Both fintechs say they are working to democratize online personal loans. To give credit to negative people and without proof of income, SuperSim and Socinal ask for the cell phone as guarantee.

In the case of Supersim, the startup asks for the installation of a program called Super Application. If there is default, this app blocks the device, except for calls, sending and receiving SMS, transport, government or banking apps.

The company promises to unlock the device upon payment of the invoice immediately. Socinal operates in a similar way.

The authors of the action argue that this practice was abusive and illegal, as the cell phone is considered an essential good. Therefore, the device should not be used as a guarantee and the block would be a way of constraining consumers to pay overdue installments.

Companies can still appeal the court decision at first instance.

The report tried to contact SuperSim via cell phone and WhatsApp on Monday night (17), but was answered by automatic messages.

The phone number informed by fintech only allows you to proceed with the service if there is an active loan linked to the CPF informed in the call.

Service via WhatsApp also directs you to taking out a loan, available in two options: with or without a cell phone as collateral. A third product is still available, insurance to protect the borrower against death, disability, accidents, illness and job loss.

The report simulated a loan request and the first option offered BRL 750, in exchange for payment of seven installments of BRL 252.51, which totals BRL 1,767.57 —interest is around 13% per month.

The company sends payment via Pix, after receiving registration and bank data via an online form, in addition to a selfie with a document.

In November, the Court had granted an injunction that prohibited SuperSim and Socinal from requiring the installation of a blocking application to guarantee the loan. The decision should be complied with in 15 days, under penalty of a daily fine of R$ 100,000. The financial product, however, was still available on the company’s website.

In an appeal against the injunction, SuperSim’s defense claimed that the decision put the company’s operation in crisis. He added that the blocking exceptions provided for in the contract ensured that the client did not have fundamental rights violated.

wanted by Sheet earlier this Monday evening, using the telephone numbers indicated on the website and registered with the Federal Revenue Service, Socinal returned with automatic messages indicating that the company was open from 8 am to 6 pm.

“The decision of the Justice of the DF is the guarantee of the right to the dignity of the human person, since it prevents that a situation so serious, as is the case of indebtedness, generates even more vulnerability to the consumers”, affirms the legal coordinator of Idec, Christian Prints.

Judge Ana Letícia Martins Santini, who signed the judgment, did not, however, grant the request for compensation for collective moral damages made by MPDFT and Idec in the public civil action. She considered that there was not enough evidence to prove harm to all customers.

Consumers who felt aggrieved can still seek compensation through individual actions.