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Mato Grosso Court Decision Confirms Service Provision Failure, Applies Consumer Defense Code, and Orders Full Refund to Customer
A significant court decision for consumers was recently upheld by the 2nd Chamber of Private Law of the Mato Grosso Court of Justice, reinforcing the need for transparency in financial advisory contracts. The chamber confirmed the termination of a contract signed between a consumer and a company that promised a reduction of bank debts by 50% to 90% but failed to deliver the promised results, thus ordering the full refund of amounts paid.
Contract Promised Significant Debt Reduction Within a Set Period
Initially, the consumer signed a contract with a company specialized in bargaining for bank debt renegotiation, seeking to reduce amounts related to a bank credit note. From the outset, the company expressly assured that it would achieve significant discounts within a maximum of 18 months, thereby creating an objective expectation of results.
Moreover, both the contract and the company’s digital platform clearly indicated a minimum guaranteed reduction of 50% of the debt, which consequently reinforced the consumer’s trust in the contracted service.
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Lack of Results Proves Service Provision Failure
However, throughout the contractual execution, the promised results did not materialize. As demonstrated in the case documents reviewed by the 2nd Chamber, there was no evidence of any actual reduction in the amount owed. Instead, only records of messages, conversations, and negotiation attempts were presented, which, nonetheless, had no real impact on the bank debt.
Thus, in light of the absence of practical results and the frustration of the created expectation, the Court understood that there was a breach of contract, clearly characterizing a failure in the service provided to the consumer.
Court Applies Consumer Defense Code
When analyzing the case, the rapporteur Tatiane Colombo, a summoned judge, was objective.
According to the vote, the company failed to prove any legal basis that could exempt it from responsibility.
Therefore, the contractual non-compliance was characterized under the terms of the Consumer Defense Code.
Given this understanding, the court upheld the termination of the financial advisory contract.
Additionally, it ordered the full refund of the amounts paid by the consumer, without any retainage.
Moral Damages are Dismissed by the Court
Despite the contractual breach, the Court dismissed the request for compensation for moral damages.
According to the decision, the case constitutes typical contractual non-compliance.
Thus, the distress experienced did not exceed the common limits of this type of legal relationship.
In this way, the Court distinguished between financial loss, which requires restitution, and moral damage, which demands a broader impact.
Decision Reinforces Warning About Debt Renegotiation Promises
Disseminated with information from the press office of the Mato Grosso Court of Justice, the decision raises an important alert.
Companies that promise aggressive debt reductions must deliver exactly what they advertise.
Especially since they deal with indebtedness, financial expectations, and consumer vulnerability.
In light of this scenario, how can consumers identify viable promises and protect themselves before hiring financial renegotiation services?
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