What is the consumer protection law in Brazil?
The CPC prohibits products that present unreasonable risks to a consumer’s life, health, and safety, as well as deceptive or coercive advertising tactics. The CPC also requires suppliers to immediately inform consumers of any knowledge of potential harm or danger arising from the use of a product already sold. Three provisions under the CPC that suppliers should be specifically aware of are: product liability, advertising, and contract provisions and rights. By becoming familiar with these provisions, a supplier should feel confident that it is operating in a manner that will avoid any pitfalls under the CPC.
Under the CPC, a “supplier” is defined as any person or corporation who provides products or services in the marketplace. It can be an importer, a manufacturer, or even a retailer. A “consumer” is one who acquires a product or service. A “product” under the CPC is any moveable good or real estate, and “service” is any activity that is provided to the consumer.
PRODUCT LIABILITY
Suppliers must anticipate the high standards to which their products and services will be held in a foreign market. In Brazil, Article 12 of the CPC deals with defective products, requiring suppliers to provide repair for any harm caused by defects in a given product. Suppliers who are considering supplying their products to the Brazilian market should account for this liability in their long-term plans. In this regard, the CPC specifies the length of time that suppliers will be responsible for repairing or replacing defective products.
The CPC requires suppliers to make replacement parts available for a specified period of time, even after manufacturing or importing of the product has ceased. As part of their long-term plans, suppliers must make sure to have an adequate stock of original replacement parts available. If original replacements parts are not available and the consumer instead receives secondhand replacement parts without expressly authorizing it, the supplier is subject to incurring penalties, which may include a prison sentence and fine.
ADVERTISING
The CPC covers prohibitions against false advertising and omitting relevant consumer information, in addition to regulating the way suppliers convey information to consumers. It imposes significant penalties for noncompliance. The CPC prohibits abusive advertising campaigns. Specifically, an advertisement that explores fear, superstition, disrespects environmental values, or may lead a consumer to harm himself is deemed an abusive advertisement. The penalty for noncompliance with advertising restrictions under the CPC includes a prison sentence and fine. Marketing in Brazil is not only about understanding the population to which a specific product appeals, but also ensuring that a company’s marketing strategy complies with the restrictions imposed by the CPC.
CONTRACTUAL ISSUES
In addition to addressing advertising and product requirements to keep consumers safe, the CPC also places specific requirements on contracts.
What kind of lawyer do I need to sue a car dealership in Florida?
An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons. Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like “bait and switch,” odometer tampering, and car warranty scams.
Can I sue a dealership in Texas?
Buying a vehicle can be difficult. Customers sometimes feel anxious about their transportation needs, and dealership sales staff often cross the boundary between bold salesmanship and illegal practices. Fortunately, several state and federal laws protect Texas consumers when unscrupulous dealers act dishonestly toward their customers.
If you think you have been a victim of auto fraud, contact Allen Stewart. The consultation is free. Whether the dealer advertised one thing and delivered another, misrepresented the car’s past history, or packed the contract with items and services you never bargained for, the auto fraud attorneys of Allen Stewart, P.C. can help you get the justice you deserve.
Misrepresenting the vehicle’s actual mileage through odometer tampering is a common fraudulent scheme. The National Highway Traffic Safety Administration (NHTSA) defines odometer fraud as the “disconnection, resetting or alteration of a vehicle’s odometer with the intent to change the number of miles indicated.” NHTSA states that more than 450,000 vehicles are sold every year in America with false odometer readings. And not knowing your car’s true mileage can cost you thousands in repairs. NHTSA estimates that odometer fraud costs American car consumers more than $1 billion each year. Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud.
Other forms of auto fraud include spot delivery scams, incorrect credit scoring, and failing to disclose a new vehicle’s damage history. Spot delivery scams happen when a consumer finances a vehicle through the dealership under a lower interest rate only to have the dealer claim the financing “fell through” after the consumer takes possession of the vehicle. The dealer then convinces the consumer to return and sign new paperwork under different, less favorable terms.
Incorrect credit scoring scams occur after a consumer finalizes price negotiations with the salesperson. The dealership’s loan officer then tells the consumer their credit score disqualifies them from financing, or financing at a specified promotional rate. Customers either must finance the vehicle at a higher interest rate or walk away entirely.
Sometimes dealers commit fraud by concealing a vehicle’s damage history. If the dealer hides or lies about past crashes, damage stemming from neglect or flood damage, or knowingly provides you with an inaccurate history for the vehicle, the dealer has violated the law.
If your vehicle dealer used any of the above methods that you relied on to buy your vehicle, you may have a valid legal claim. If you suspect that the dealership dishonestly sold you your vehicle, contact us today. Auto dealer fraud attorneys in Texas use the Texas Deceptive Trade Practices Act when pursuing auto dealer fraud cases. The DTPA protects consumers against false, deceptive and misleading business practices of all kinds including auto fraud. The Act, enacted in 1973, de.