THE TIM was condemned for “misleading advertising” in a public civil action filed by MPDFT (Public Ministry of the Federal District and Territories): the reason is the advertising pieces of the plans Liberty and Infinity that promised unlimited internet, when in fact there was a speed reduction after consuming the franchise. With the decision of the STF (Supreme Federal Court), the operator must pay R $ 1.5 million in fine and indemnity.
The process has been running since June 2012; in the meantime, the courts recognized that advertising was at odds with the Consumer Protection Code. TIM appealed, but the STF ministers denied the appeal and still imposed a fine of R $ 500 thousand. There is also the indemnity of R $ 1 million for moral damage, adjusted for inflation, imposed in 2016 by the Federal District Court of Justice (TJDFT).
TIM sold “unlimited” plans with a 300 MB franchise
The plans in question were Liberty Web Smart, with a 300 MB franchise; and Infinity Web, with 10 MB daily or 300 MB monthly. After consumption, the speed was reduced to 50 kb / s until the following month.
According to the TJDFT, the association of the terms “unlimited” and “liberty” served to reinforce consumers that 3G internet browsing would be unrestricted. With the reduced speed, customers faced difficulties connecting. The process also deals with the cancellation penalty, which was charged by consumers who felt they were harmed by the services provided.
The lawsuit states that the speed reduction was only disclosed in lower case letters in the advertising material. However, the CDC determines that the consumer is entitled to “adequate and clear information about the different products and services, with the correct specification of quantity, characteristics, composition, quality and price, as well as the risks they present”.
According to the MPDFT, the funds obtained will go to the Federal District Consumer Protection Fund.