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In short
Through Resolution No. 994/2021 (“Resolution”), the Secretariat for Internal Trade has extended the list of terms considered to be unfair in consumer contracts.
The resolution entered into force on October 2, 2021 (“Effective date”).
As of the Effective Date, 15 new clauses will be added to the list of unfair clauses provided for in the appendix to Resolution No. 53/2003.
Some of the new terms that will be considered unfair – within the meaning of Consumer Protection Law No. 24 240, as amended and supplemented – are as follows:
- hinder, distort or limit the right of consumers to revoke their acceptance of contracts concluded at a distance, including those concluded electronically
- allow suppliers of goods and services to use a consumer’s data after the end of the contract and the consumer has requested the deletion of such data
- considering that the contract has been accepted solely because the consumer has browsed the site
- blame consumers for the consequences of force majeure events
- excluding or limiting the supplier’s liability for damages
The resolution was issued after the Internal Trade Secretariat detected that suppliers of goods and services included such clauses in consumer contracts.
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