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Nova lei garante indenização para consumidores vítimas de cancelamento indevido de serviços essenciais

A Lei nº 15.250, sancionada em 15 de janeiro de 2025, trouxe uma importante mudança na proteção dos consumidores brasileiros. O Artigo 85 agora determina que empresas fornecedoras de serviços essenciais – como energia elétrica, água, internet e telefonia – não podem cancelar unilateralmente o contrato sem notificação prévia e justificativa comprovada.

Essa nova regulamentação surge para combater práticas abusivas que deixavam consumidores vulneráveis a cortes e suspensões indevidas, muitas vezes sem tempo hábil para regularizar possíveis pendências ou contestar erros administrativos.

O que diz a nova lei?

O Artigo 85 estabelece que a empresa fornecedora de um serviço essencial não pode suspender, cancelar ou restringir o acesso do consumidor sem seguir as seguintes regras:

Notificação prévia de no mínimo 15 dias, informando o motivo do possível cancelamento.
Direito à contestação por parte do consumidor antes da efetivação do corte.
Proibição de cancelamento imediato, mesmo em casos de inadimplência, se houver negociação em andamento.
Multas para empresas que realizarem cortes indevidos, garantindo indenização ao consumidor lesado.

Essas mudanças são especialmente importantes para serviços como internet e telefonia, onde erros de cobrança e falhas no sistema frequentemente resultavam em bloqueios injustos.

O que a nova lei garante?

Com a entrada em vigor do Artigo 85, os consumidores agora têm mais segurança e transparência nos contratos com prestadoras de serviços essenciais. A empresa que desrespeitar a legislação pode ser multada e obrigada a indenizar o consumidor prejudicado.

Isso significa que nenhum serviço poderá ser cancelado abruptamente sem que o consumidor tenha sido devidamente notificado e tenha tido a oportunidade de regularizar ou contestar a situação.

Importante: Se um corte ou cancelamento indevido ocorrer, o consumidor poderá exigir a restauração imediata do serviço, além de compensação financeira por danos causados.

O impacto na vida dos consumidores

Imagine a seguinte situação: você está no meio de uma videoconferência importante para o trabalho e, de repente, sua internet é cortada. Você entra em contato com a operadora e descobre que sua conta foi erroneamente registrada como não paga. Antes da nova lei, você não teria muitos recursos imediatos para resolver o problema rapidamente. Agora, no entanto, a empresa tem obrigação legal de notificar você previamente e garantir um período para correção antes de qualquer suspensão.

Da mesma forma, consumidores que enfrentavam cortes de energia ou água sem aviso agora têm mais direitos e podem exigir uma resposta imediata das empresas fornecedoras.

Benefícios diretos da nova lei:
– Mais transparência nas relações de consumo.
– Fim dos cortes inesperados e bloqueios indevidos.
– Direito a contestação antes de qualquer suspensão.
– Indenizações para consumidores prejudicados por cancelamentos abusivos.

Conclusão

O Artigo 85 da Lei nº 15.250 representa um grande avanço na proteção dos consumidores brasileiros. Agora, cancelamentos e cortes de serviços essenciais sem aviso prévio são proibidos por lei, garantindo mais transparência e segurança para todos!

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