Post by account_disabled on Jan 31, 2024 8:58:25 GMT
There have been a lot of questions from companies that carry out credit protection activities, about the fact that Law 15,659/2015, of São Paulo, has established for the direct denial of consumers, when the debt has not been protested or is not being collected in advance. court, two important requirements: i) proof of the origin of the debt, its enforceability and the consumer's default , and; ii) proof, through a receipt protocol, of delivery of the prior communication to the consumer's address. They try to confuse public opinion when they claim that requiring a receipt protocol (AR) increases the cost of collection for businesses and credit for consumers.
Hence, the tendentious confusion Buy Phone Number List between denial and collection is implicit, which are totally different things, namely. Initially, this narrative must be viewed with reservations, considering that the Paulista Law does not establish rules or impose norms that change the charging system adopted by companies and commerce. On the contrary, despite the aforementioned law, companies continue to make their payments through all available means, such as telephone (call center), e-mail, simple letter, own courier or by biker , as long as they do not cause threat or embarrassment. to the consumer, as established by the Consumer Protection and Defense Code (article 42, of Law 8,078, of 1990), since its publication.
In fact, the requirements established by São Paulo law are related to the minimum legal requirements required to publicize the fact, in this case default , upon proof of the consumer's prior knowledge. The Consumer Code considers Consumer Registries and Databases, Credit Protection Services and similar entities as public entities (article 43, § 4, of Law 8,078/1990). As such, they carry out the activity of publicizing consumer debts recorded in them to third parties. Hence the requirements of proof of the origin of the debt, its enforceability and the debtor's default (it must be overdue), and proof of delivery of prior communication to the consumer's address, established in Paulista Law 15,659/2015. Without a doubt, the São Paulo legislator, seeking parallels in current legislation, must have been inspired by Federal Law 9,492/1997, which regulates the procedures for extrajudicial protest, by which, for publicity purposes , non -compliance arising from title or of debt documents.
Hence, the tendentious confusion Buy Phone Number List between denial and collection is implicit, which are totally different things, namely. Initially, this narrative must be viewed with reservations, considering that the Paulista Law does not establish rules or impose norms that change the charging system adopted by companies and commerce. On the contrary, despite the aforementioned law, companies continue to make their payments through all available means, such as telephone (call center), e-mail, simple letter, own courier or by biker , as long as they do not cause threat or embarrassment. to the consumer, as established by the Consumer Protection and Defense Code (article 42, of Law 8,078, of 1990), since its publication.
In fact, the requirements established by São Paulo law are related to the minimum legal requirements required to publicize the fact, in this case default , upon proof of the consumer's prior knowledge. The Consumer Code considers Consumer Registries and Databases, Credit Protection Services and similar entities as public entities (article 43, § 4, of Law 8,078/1990). As such, they carry out the activity of publicizing consumer debts recorded in them to third parties. Hence the requirements of proof of the origin of the debt, its enforceability and the debtor's default (it must be overdue), and proof of delivery of prior communication to the consumer's address, established in Paulista Law 15,659/2015. Without a doubt, the São Paulo legislator, seeking parallels in current legislation, must have been inspired by Federal Law 9,492/1997, which regulates the procedures for extrajudicial protest, by which, for publicity purposes , non -compliance arising from title or of debt documents.