Post by account_disabled on Mar 13, 2024 6:10:36 GMT
Superior Court of Justice rejected special appeal from consumer association
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As soon as movie theaters reopen to the public in Rio Grande do Sul, companies that sell tickets online can charge the convenience fee on the sale of tickets for shows, sporting and cultural events made available electronically. After all, the practice does not constitute abuse in light of the Consumer Protection Code (CDC).
This is the practical legal effect of the decision taken in June by Minister Luís Felipe Salomão, of the Superior Court of Justice, in not knowing about the grievance in a special appeal handled by the Consumer Protection Association of Rio Grande do Sul (Adecon-RS), in the outcome of a consumer class action filed against the Ingresso.com platform.
Salomão's decision was based on the fact that the appellant had not specifically attacked the grounds of the appealed decision, as required by the 1973 Code of Civil Procedure, against the rulings denying the appeals sent to the Superior Court.
Adecon-RS went to the STJ to overturn the B2B Lead decision of the 3rd Vice-Presidency of the Court of Justice of Rio Grande do Sul, which denied a special appeal filed against the ruling of the 15th Civil Chamber of the Court of Rio Grande do Sul, which, in turn, maintained the sentence of dismissal handed down by the 15th Civil Court. In other words, the author of the collective consumer action was defeated in all instances.
For Salomão, Adecon-RS did not refute, '"in a specific, clear and well-founded way", the arguments set out in the ruling of the 15th Civil Chamber, nor did it observe the impact of Precedents 5 and 7 of the STJ. And this prevents the examination of "jurisprudential dispute", due to the lack of identity between the paradigms presented and the foundations of the ruling. '"This circumstance in itself precludes the appeal, as, in the absence of contradiction, the reasons given by the appealed decision remain unharmed'", the minister recorded in the monocratic decision, concluding the action.
The service fee of Ingresso.com and other players , such as Ingresso Certo and Ingresso Rápido, is the remuneration for services provided in the online sale of tickets together with the consumer's ability to print their ticket or collect it from a specific ticket window. to this end. And it is only practiced when there is a sale at the box office (without service fee), giving the consumer the right to choose. The collection of the fee is already foreseen and regulated by state laws in Rio de Janeiro, Alagoas and Espírito Santo.
Consumer class action
Adecon-RS filed a consumer class action, alleging that Ingresso.com charges consumers of shows and cultural events a convenience fee offered — jointly and inseparably — on ticket sales, at a very high value. He argued that payment of this fee would only be valid if it guaranteed a differentiated service to the consumer, such as preventing them from standing in queues or wasting time traveling to an authorized store to buy their ticket.