Brazil: National Consumer Secretariat issues ordinance determining the registration of companies in the consumer.gov.br platform

In brief

On April 8th 2021, the National Consumer Secretariat (“SENACON”) issued Ordinance No. 12/2021, which determines that specific companies must proceed with its registration in the conflict resolution platform “consumidor.gov.br” within 30 (thirty) consecutive days. The Ordinance already came into force.

Determinations

The companies that must proceed with the registration are the following:

1. Companies with national or regional operations in sectors that involve public services and essential activities, as defined by Decree No. 10,282, of March 20, 2020;

2. Digital internet service platforms dedicated to the individual or collective transport of passengers or delivery of food;

3. Digital platforms and marketplaces that carry out promotions, offer, sales or intermediation of owned or third-party products, commercialization of advertisements, publicity, as well as connection, application, content providers and other social networks for profit purposes; and

4. Economic agents listed among the two hundred companies with most complaints annually registered in the National Consumer Protection Information System (“SINDEC”), according to a survey from the General Coordination of the National System Consumer Protection Information.

In addition, the mandatory registration only applies to companies that: (i) had gross revenues of BRL 100 million in the last fiscal year; (ii) reached a monthly average equal to or greater than 1000 (one thousand) complaints in their customer service channels in the last fiscal year; or (iii) are claimed in more than 500 (five hundred) lawsuits involving consumer relations.

The new Ordinance revoked SENACON’s former Ordinance on the matter (Ordinance No. 15/2020). This regulation determined the possibility of waiving the  obligation of registry through a specific request from the companies to the General Coordination of the National Consumer Protection Information System (“CGSINDEC”), which may exempt the companies from the obligation in case of  low volume of demands with the Consumer Protection authorities or if the registration would not facilitate the online dispute resolution with consumers.

Our Strategic Consumer Law team remains at your disposal to clarify matters regarding the new Ordinance.