Post by account_disabled on Jan 24, 2024 23:13:48 GMT -5
Rather because it misleads the consumer. Based on this understanding, the 3rd Panel of the Superior Court of Justice unanimously denied an appeal by the Consumer Defense Center (Nudecon) of the Public Defender's Office of Rio de Janeiro which intended to force telephone companies to use size 12 font in their advertisements published in the press. 123RF For STJ, the reduced size of a font only makes advertising misleading when it is capable of misleading the consumer. 123RF Nudecon requested the application of article 54 of the Consumer Protection Code, by analogy, to company advertisements.
This article provides that adhesion contracts and their Buy Phone Number List clauses are written in a font no smaller than 12. The rapporteur, minister Paulo de Tarso Sanseverino, stated in his vote that the request is neither appropriate nor reasonable. According to him, the application of a rule by analogy presupposes that there is similarity between the situations. “In the case of the case, this element of identity is not verified, on the contrary, there are important elements of distinction.” Contract and advertising For Sanseverino, the main difference between a contract and an advertising piece is the legal relationship.
“In a contract, the contractual legal relationship is established between a determined number of people (the contractors), whereas, in the context of the offer to the public, the legal relationship is established between the advertiser and an indeterminate number of people (the entire collective exposed to advertising).” Another important difference, according to the minister, is the costs. According to him, an advertisement made in the press has a significant cost, which may be higher than the price of a unit of the advertised product. The space occupied by letters on the paper of contracts, in turn, has an insignificant cost. The rapporteur's third argument for dismissing the appeal is that the press uses fonts smaller than size 12 in the classified section of newspapers, where the majority of advertisements for the consumer market are concentrated.
This article provides that adhesion contracts and their Buy Phone Number List clauses are written in a font no smaller than 12. The rapporteur, minister Paulo de Tarso Sanseverino, stated in his vote that the request is neither appropriate nor reasonable. According to him, the application of a rule by analogy presupposes that there is similarity between the situations. “In the case of the case, this element of identity is not verified, on the contrary, there are important elements of distinction.” Contract and advertising For Sanseverino, the main difference between a contract and an advertising piece is the legal relationship.
“In a contract, the contractual legal relationship is established between a determined number of people (the contractors), whereas, in the context of the offer to the public, the legal relationship is established between the advertiser and an indeterminate number of people (the entire collective exposed to advertising).” Another important difference, according to the minister, is the costs. According to him, an advertisement made in the press has a significant cost, which may be higher than the price of a unit of the advertised product. The space occupied by letters on the paper of contracts, in turn, has an insignificant cost. The rapporteur's third argument for dismissing the appeal is that the press uses fonts smaller than size 12 in the classified section of newspapers, where the majority of advertisements for the consumer market are concentrated.
