NATIONAL CONSUMER SECRETARIAT ISSUES ORDINANCE DETERMINING THE REGISTRATION OF COMPANIES ON THE CONSUMIDOR.GOV.BR PLATFORM
Today the National Consumer Secretariat (“SENACON”) issued the Ordinance No. 15/2020, which determines that the following cmpanies shall proceed with the registration of companies on the platform consumidor.gov.br
within 30 (thirty) days:
- Companies with national or regional operations in sectors that involve public services and essential activities, according to the definitions provided by the Federal Decree No. 10,282/2020;
- Digital service platforms dedicated to the individual or collective passengers transport, food delivery or dedicated to the promotion, offer or sale of their own or third parties’ products to the consumer; and
- Economic agents listed among the two hundred most complained companies in 2019 on the National Consumer Protection Information System (“SINDEC”).
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 that discuss consumer relations.
In addition, there is the possibility of waiving the registration obligation. The company must request it to the General Coordination of the National Consumer Protection Information System (“CGSINDEC”), which may exempt the company from the obligation if it there is a low volume of demands before the Consumer Protection authorities or if the registration will not facilitate the online dispute resolution with consumers.
The Ordinance came into force on the date of its publication.