Abusive Practices and Misleading Advertising: What the CDC (Brazil’s Consumer Protection Code) Prohibits Suppliers From Doing

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Being forced to buy one product in order to get another, receiving a charge for something you never signed up for, or relying on an ad that fails to deliver what it promised are all common experiences. Each has a legal name, and each is prohibited by the Consumer Protection Code.

What Counts as an Abusive Practice Under the Consumer Protection Code

An abusive practice is any conduct by a supplier that upsets the balance a consumer relationship is supposed to have. The Consumer Protection Code starts from one central idea: the buyer is, as a rule, the weaker party, either because they lack technical knowledge or because they do not have the company’s economic power. The law exists to restore that balance and to keep the buyer’s weaker position from being exploited.

Article 39 lists conduct that suppliers are forbidden to engage in. That list, however, is not exhaustive. The text itself prohibits these practices “among others,” which means that similar behavior can also be treated as abusive even when the law does not name it expressly. What the law looks at is the effect of the conduct: whether it takes advantage of the vulnerability of the person who is buying.

Calling a practice abusive is more than attaching a label. The practice can be declared void, can require the supplier to return money, can force it to deliver what it promised and, depending on the case, can give rise to compensation for material and moral damages (non-economic harm). In short, consumers are not left defenseless against abuse.

Tied Sales and Other Conduct Forbidden to Suppliers

The best-known practice is the tied sale, known in Portuguese as venda casada. It happens when a company makes the sale of one product or service conditional on the purchase of another. Examples include a bank that approves a loan only if the customer also buys insurance, or a store that sells a certain item only if the shopper takes a second product along with it. As a general rule, you have the right to buy only what you actually want.

It is also forbidden to send a consumer any product, or to perform any service, that the consumer did not request. When that happens, the law is direct: the item sent is treated as a free sample, and nothing may be charged for it. Likewise, a supplier cannot refuse to serve someone who is willing to pay and ready to buy, unless there is a legitimate reason for the refusal.

Some conduct is quieter. A supplier cannot take advantage of a consumer’s age, health, lack of knowledge, or social standing to push a product. It cannot demand clearly excessive advantages, and it cannot raise prices without a justification. In all of these situations the underlying problem is the same: the company is using its position of strength against the person on the other side of the counter.

For services, the law adds another important guarantee. Consumers are entitled to a prior estimate that itemizes what will be charged, and the approved amount cannot be exceeded without their authorization. Charging for an unauthorized service, or performing a repair different from the one agreed upon, is also conduct the Code does not allow.

The practice can be declared void, can require the supplier to return money, can force it to deliver what it promised and, depending on the case, can give rise to compensation for material and moral damages.

Misleading Advertising and Abusive Advertising

Advertising also has clearly defined limits. The Code separates prohibited ads into two types: misleading advertising and abusive advertising. Although they often appear together, they affect consumers in different ways, and each deserves its own attention.

Any advertising communication that is entirely or partly false and capable of leading the consumer into error about the product or service is misleading. This applies to price, quality, quantity, origin, or any other essential detail. There is also a subtle form of deception: omission. When an ad leaves out information that matters to the decision to buy, it is also considered misleading, even if nothing false was expressly stated.

Abusive advertising, by contrast, offends the values of society itself. This category includes discriminatory ads, ads that encourage violence, ads that exploit fear or superstition, ads that take advantage of children’s lack of experience, and ads that disregard environmental values. Here the problem is not deceiving anyone about the product, but using communication in a socially irresponsible way.

An Offer Is Binding, and the Burden of Proof Falls on the Advertiser

Many people do not realize that an offer binds whoever makes it. Any information or advertisement that is sufficiently precise becomes part of the contract and binds the supplier. If a company publicized a price, a deadline, or a condition, it must honor it. If it refuses, the consumer may demand that the promise be enforced, accept another equivalent product, or cancel the deal and get back the amount paid, adjusted for inflation.

Another point often comes as a surprise: the burden of proving that advertising is truthful and accurate falls on the party that published it, not on the consumer. In other words, you do not have to prove that you were misled; the company must show that the ad told the truth. This reversal strengthens the protection of people who trust the message they receive.

This approach ties into the duty to provide information. Even before advertising, the supplier must present correct and clear information, in Portuguese, about the product’s or service’s characteristics, quality, quantity, composition, price, warranty, expiration dates, and risks. Incomplete or confusing information is not a minor detail; it is a failure that can amount to either a defect or an abuse in the consumer relationship.

Improper Charges and How to Respond to Abuse

The protection extends to billing as well. A consumer who is charged an amount they do not owe and ends up paying it is entitled to get that money back double, plus inflation adjustment and interest, unless the person who charged made a justifiable mistake. It is a direct check on unfounded billing.

In addition, when collecting a debt, a supplier cannot expose a consumer who is behind on payments to ridicule or subject them to any kind of embarrassment or threat. Persistent calls at inappropriate hours, notices to neighbors, and humiliating messages go beyond what the law permits and can make the supplier liable.

Credit protection databases also deserve a mention. Consumers have the right to access the information recorded under their name, to demand correction of inaccurate data, and to be notified in writing before any negative credit listing. An improper listing, or one kept after the debt has been paid, is a frequent basis for compensation, including for moral damages.

When facing any of this conduct, gathering evidence is decisive: screenshots of the ad, contracts, proof of payment, and customer service protocol numbers. With that material in hand, you can seek a solution directly with the company, file a complaint with consumer protection agencies and, when necessary, take the case to court to obtain compensation for the harm you suffered.

Frequently Asked Questions

Is the CDC’s list of abusive practices definitive?

No. Article 39 gives examples but uses the phrase “among other abusive practices,” which makes the list open-ended. Conduct that is not expressly listed can also be recognized as abusive when it exploits the consumer’s vulnerability and unbalances the consumer relationship.

Are misleading advertising and abusive advertising the same thing?

No. Misleading advertising leads the consumer into error about details of the product or service, including when it omits relevant information. Abusive advertising does not deceive anyone about the product, but it offends social values, as with discriminatory ads or ads that take advantage of children’s naivety. The Code prohibits both.

I received a product I did not order, and now I am being billed. Do I have to pay?

No. Sending a product or providing a service without a prior request is forbidden conduct, and the law treats the item you received as a free sample. Nothing can be charged for it. If you ended up paying by mistake, you can still ask for a refund, as a rule double the amount.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.