Service center

Brazil: A new federal decree establishing new guidelines for customer service is published

In short

Federal Decree No. 11,034 of 2022, issued on April 5, 2022, regulates Law No. 8,078/1990 – the Brazilian Consumer Defense Code, and establishes new guidelines regarding the Customer Service Center (Serviço de Atendimento ao Customer or SAC).


The new decree brings innovations to the SAC, which must guarantee that consumers obtain adequate information on the services contracted and the processing of their requests. It is important to note that the rules are valid for federally regulated service providers and not for the general offer of products and services.

The decree provides that access to the CAS must be free and have uninterrupted availability 24 hours a day, seven days a week. The telephone option will be compulsory and the service cannot be conditional on the prior provision of the consumer’s personal information. It is forbidden to link advertising messages during the waiting time, except those dealing with the rights and duties of consumers.

Telephone customer service cannot be offered for less than eight hours a day and must provide human assistance. The decree also determines the inclusion of complaint and cancellation options in the menu, as well as a maximum waiting time for contact with the attendant and the possibility of transfer to the appropriate sector. If the call ends before the problem is resolved, the provider must return to the consumer and terminate the service.

Accessibility also becomes mandatory and must be provided for people with disabilities.

Customer service should ensure timely service, secure and private resolution of consumer request. It must also ensure that the processing of consumers’ personal information complies with the provisions of the Brazilian General Data Protection Law (LGPD).

In addition, the possibility of controlling applications by means of a registration or a digital procedure must be offered to consumers. All inquiries must be answered within seven calendar days from the date of registration. Consumers should receive a response to their inquiries electronically or by mail — with clear, objective and conclusive answers.
Finally, cancellation requests made by consumers must be secured by all available means when subscribing to the service. This service must be immediate. Consumers are entitled to all information regarding the conditions applicable to termination and any fines.

Our Environment, Consumers and Sustainable Development team is available to provide further details on this subject.

Read the alert in Portuguese here.

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Trench Rossi Watanabe and Baker McKenzie have entered into a strategic cooperation agreement for foreign law advice.


Author
Alexandre Salomão Jabra

Alexandre Salomão Jabra joined the firm in 2010. He joins the practice group of environment, consumption and sustainability, with a focus on advice, administrative procedures, trials and negotiations. In the field of the environment, Alexandre has extensive experience in contamination files, environmental and urban planning authorization procedures, environmental liability, solid waste management and take-back requirements, effluents, electromagnetic pollution, atmospheric emissions, forestry issues, protected areas and minorities, biodiversity, controlled chemicals, social and environmental responsibility of financial institutions, climate change, carbon markets and urban regulation. In the area of ​​consumer affairs, Alexandre has experience in consultations, administrative and judicial proceedings related to consumer law issues with federal, state and municipal agencies, such as DPDC, PROCON, prosecutors and municipalities. involving recalls, offers, data protection, misleading and abusive advertising. , privacy, e-commerce, unfair terms, business practices, terms and conditions and violations of the Brazilian Consumer Code. Alexandre represents several clients in the oil and gas, automotive, chemical, technology, food, communications, mining, finance and services sectors. Trench Rossi Watanabe and Baker McKenzie have entered into a strategic cooperation agreement for foreign law advice.