WhatsApp is ordered in SP to compensate fraud victims – 07/17/2023 – Market

The São Paulo Court of Justice (TJ-SP) condemned WhatsApp to indemnify lawyer João Vitor Rossi in R$ 5,000, for moral damages. The application did not suspend the account of a profile that used Rossi’s photos to apply blows, after the litigant’s request. The decision is from the last day 19.

WhatsApp filed appeal in second instance. As the messaging application has no legal representation in Brazil, the São Paulo court recognized Facebook’s responsibility for the case – both platforms are controlled by the same company, Meta. The practice follows the precedent of the STJ (Superior Court of Justice).

Wanted, WhatsApp claims that it does not comment on specific cases.

The district of Santa Adélia-SP, 397 kilometers from the capital of São Paulo, had anticipated protection on January 20, with the imposition of a fine of BRL 200 for each day that the company left the scammer’s phone free on the platform — the limit was of BRL 5,000.

The company did not suspend the swindler’s account until this Friday (14), which now uses a photo of a man posing in the plenary of the STF (Federal Supreme Court). Nor did he pay the amount set by the São Paulo court, according to Rossi.

In the case file, Facebook’s defense claims that WhatsApp does not have the ability to cancel the scammer’s phone line, number (17) 99617-6879.

Rossi argues that he asked the platform to suspend or remove the account linked to that phone, which can be done according to WhatsApp’s terms of use.

The platform may “modify, suspend or terminate your access to or use of our Services at any time and for any reason, for example if you violate the provisions or intent of these Terms or harm, endanger or legally expose us, our users or third parties”, informs the agreement to use the application.

The São Paulo lawyer went to court on January 7, after the fraudster got in touch with Rossi’s mother on the morning of the 5th of the same month. On the same date, the criminal borrowed R$ 1,450 from the victim’s uncle. “Fortunately, those family members didn’t fall for the scam.”

Still on the afternoon of January 5, Rossi registered the case in a police report at the Santa Adélia police station and, subsequently, sent an email to WhatsApp support, with a removal request that mentioned the BO.

Between January 5th and 9th, the lawyer sent four emails to the company and received the same standard message with the information that all WhatsApp accounts are linked to a single phone.

Judge Felipe Ferreira Pimenta granted an injunction on the 20th for recognizing the technical possibility of removing accounts explained in the terms of use and the risk of material damage as a result of fraud.