Post by account_disabled on Mar 11, 2024 4:34:46 GMT -5
Despite not being responsible for the actions of sellers it is essential that payment platforms have effective consumer service channels to resolve disputes and clarify doubts block fraudulent sellers and infoproducts including effective refunds of material damage to victims when they are in possession of the amount paid.
Furthermore they must collaborate with the authorities providing registration data of users who carry out fraudulent activities and take all necessary measures to assist in justice and consumer protection.
Precedents and jurisprudence on the subject
Fortunately in recent judgments it is noted that the vast majority of judges are able to adequately distinguish between the figure of the “seller” and the payment intermediary company delimiting the responsibilities of each of them.
Of note is a sentence issued by the nd Phone Number Data Special Civil Court of the District of Niterói file no in which a consumer sought compensation for moral damages against a checkout platform after being the victim of a scam involving a negotiation proposal for the exclusion of your name from credit restrictive registers SPCSerasa.
Let's see the understanding of the judgment:
“I note that the defendant does not maintain a database of defaulter records functioning as a payment intermediary and that the third fraudster was blocked on its platform…”
Finally he completed the understanding by stating that the failure to provide services and the practice of an illegal act by the payment intermediation company were not characterized:
“Thus I understand that the plaintiff did not demonstrate the practice of an illegal act or failure to provide services on the part of the defendant a burden that was incumbent upon it under art. I of the CPC and that his exclusive guilt was proven in accordance with art. º II of the CDC leaving the duty to compensate excluded.
Furthermore they must collaborate with the authorities providing registration data of users who carry out fraudulent activities and take all necessary measures to assist in justice and consumer protection.
Precedents and jurisprudence on the subject
Fortunately in recent judgments it is noted that the vast majority of judges are able to adequately distinguish between the figure of the “seller” and the payment intermediary company delimiting the responsibilities of each of them.
Of note is a sentence issued by the nd Phone Number Data Special Civil Court of the District of Niterói file no in which a consumer sought compensation for moral damages against a checkout platform after being the victim of a scam involving a negotiation proposal for the exclusion of your name from credit restrictive registers SPCSerasa.
Let's see the understanding of the judgment:
“I note that the defendant does not maintain a database of defaulter records functioning as a payment intermediary and that the third fraudster was blocked on its platform…”
Finally he completed the understanding by stating that the failure to provide services and the practice of an illegal act by the payment intermediation company were not characterized:
“Thus I understand that the plaintiff did not demonstrate the practice of an illegal act or failure to provide services on the part of the defendant a burden that was incumbent upon it under art. I of the CPC and that his exclusive guilt was proven in accordance with art. º II of the CDC leaving the duty to compensate excluded.