In recovery, Oi is sentenced to R$1.5 million for moral damages to customers
For sharing customers' personal data without authorization, the telephone operator Oi was ordered by the 1st Federal Court of Campo Grande to pay R$1.5 million in collective moral damages. The public civil action was filed by the Federal Public Ministry in Mato Grosso do Sul.
In judicial recovery since 2016, Grupo Oi has 55,080 creditors and a debt of almost R$64 billion. Creditors are divided into three groups: labor (class 1); real guarantee (class 2), unsecured (class 3); and micro-enterprises (class 4). According to the B2B Lead list presented by the judicial administrator, there are 4,074 labor creditors, representing a debt of R$912 million; a class 2 creditor, which is expected to receive R$3.3 billion; 49,077 creditors in class 3 and 1,928 in class 4.
The most recent conviction occurred because customers who provided personal data (name, CPF and telephone number) to purchase the operator's services began to receive persistent calls from internet access companies, claiming that they needed to hire an access provider private for releasing login and password.
In many cases, consumers only realized that they had contracted services from another company when the charges arrived. This situation, according to the MPF, generated financial losses and inconvenience to customers, given that hiring the provider for access was unnecessary, as there is a free version of the service.
The 1st Federal Court of Campo Grande recognized the existence of collective moral damage, “characterized by a serious affront to the social values of the community”. Furthermore, the judge ordered the National Telecommunications Agency (Anatel) to initiate an inspection procedure against Oi to investigate the provision of privileged information.
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In the agency's report, it was found that the operator maintains commercial ties with companies that provide internet access through a contract that allows access and sharing of customers' personal information.
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