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Internet Failures or Abusive Telephone Charges Can Lead to Double Refunds and Indemnities, According to Consumer Protection Code and Court Decisions.
Charges for uncontracted services and failures in the provision of telephone and internet services are one of the main headaches for Brazilians. Complaints about improper charges, nonexistent data packages, unstable internet, and improperly charged calls are among the leading grievances in consumer protection agencies. What many people do not know is that, in these cases, the law guarantees a double refund of amounts paid unduly and, in more serious situations, compensation for moral damages.
What the Consumer Protection Code Says
The sole paragraph of Article 42 of the Consumer Protection Code (CDC) is clear: if the consumer is charged an undue amount, they have the right to the repetition of the undue payment, that is, double restitution of what they paid, plus monetary correction and interest.
This right is valid even if the payment was made automatically, such as in the case of account debits or credit card bills.
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Moreover, Article 20 of the CDC ensures that the consumer can demand proportional discount on the price or re-execution of the service in cases of constant failures, such as internet or telephone interruptions.
Anatel and Telecommunications Services
The Anatel (National Telecommunications Agency) is responsible for overseeing telephone and internet companies in Brazil. The agency maintains an annual complaint ranking, and for years, billing issues and technical failures have been at the top of the list.
In 2024, for example, more than 2.3 million complaints were registered against operators, according to data from the agency itself. A large portion of these involves charging for additional packages not contracted, internet below the promised speed, and recurrent interruptions.
The agency allows the consumer to file a complaint directly, and if there is no solution, to appeal to Procon or the courts.
When Indemnification for Moral Damages is Applicable
Not every undue charge automatically leads to moral damages indemnification, but courts have recognized the responsibility of companies in more serious cases.
Examples:
- Consumer who had their name improperly listed due to a nonexistent debt;
- Cases of repeated undue charges, even after complaints;
- Situations where constant internet failures hindered professional or educational activities, causing losses.
In recent decisions, state courts have ordered operators to pay indemnities from R$ 5,000 to R$ 15,000 for serious failures or abusive charges.
Examples of Decisions
- TJ-SP: operator ordered to pay R$ 10,000 to a consumer for improperly registering their name in default lists after nonexistent charges.
- TJ-RS: customer received a double refund for data packages charged without a contract and an indemnity of R$ 5,000 for insistence on the practice even after complaints.
- STJ: consolidated the understanding that repeated failures in providing telephone and internet services constitute poor service and give rise to the right to compensation.
How the Consumer Should Act
Consumers facing undue charges or failures should:
- Keep evidence: invoices, service protocols, internet speed screenshots.
- File a complaint with the operator: register a service protocol.
- Contact Anatel or Procon: if the operator does not resolve the problem.
- Resort to the courts: requesting double restitution and indemnification when applicable.
This sequence increases the chances of success and strengthens the consumer’s defense.
Impact on the Consumer
Abusive practices of telephone and internet services are not isolated cases: they affect millions of Brazilians every year. With the double refund, many consumers manage to recover amounts paid for months or even years.
Moreover, indemnities for moral damages recognize not only financial loss but also the inconvenience and violation of basic rights of those who depend on these services.
Consumer Rights in Telecommunications: A Little-Used Weapon
Despite the clarity of the law, many Brazilians are unaware of their rights and fail to seek reimbursement. This ignorance favors the operators, who continue to engage in abusive practices.
The good news is that, with increasing awareness and the strong action of the courts, more and more consumers have achieved legal victories against undue charges and poor service provision.
The message is clear: those who pay for the service have the right to receive quality and transparency. When this does not happen, the courts guarantee reimbursement and indemnification.
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