Post by account_disabled on Mar 5, 2024 22:29:26 GMT -5
Itaú-Unibanco must provide customers who had an account with the merged Bankboston with the information of each one that appears in the Credit Risk Center, the Central Bank's registry with credit operations. The database is fed monthly by financial institutions, but informing customers is not routine for banks. The order, maintained by the São Paulo Court of Justice, is the result of an action proposed by the Association for the Defense of Harmony of the Constitutional Order.
Itaú was denied by the STJ, on June th, the last appeal against the decision and the formalization of the case's final judgment depends only on the notary's certificate, which should be published in the next few days.
Sold to Itaú-Unibanco in , Bankboston stipulated in its BTC Number Data bank account opening contracts a clause that authorized access to the CRC "without prior consultation and due information of its meaning to the consumer", according to the association.
Citing STJ jurisprudence, the rapporteur of the TJ-SP ruling, judge Ricardo Negrão, stated that “the bank, by failing to give the consumer the right to choose, without any emphasis, violated their right”.
In addition to sending a copy of the information contained in the CRC, the bank will also have to adapt the bank account contractual clauses. The financial institution has ten days, counting from the final judgment, to present a new model of contract clause, under penalty of a daily fine of R$,
To justify the decision, Negrão considered the risk of false or incorrect customer information in the CRC, since consumers do not have access to the data included in the system.
“The consumer, therefore, finds himself in a weakened position not only because he does not know what data is included in the Risk Center, but he also cannot exercise the right to rectification, because he ignores its inclusion and will also suffer the consequences of the multiplication of disclosures to other data companies that you don’t know about.”
The argument is similar to that of lawyer Laércio José dos Santos , a member of the association that filed the lawsuit. “It’s a secretive Serasa or disguised SPC. If there is a prescribed debt in the CRC, the consumer will not be able to obtain credit. It is an extremely authoritarian position”, he says.
Itaú was denied by the STJ, on June th, the last appeal against the decision and the formalization of the case's final judgment depends only on the notary's certificate, which should be published in the next few days.
Sold to Itaú-Unibanco in , Bankboston stipulated in its BTC Number Data bank account opening contracts a clause that authorized access to the CRC "without prior consultation and due information of its meaning to the consumer", according to the association.
Citing STJ jurisprudence, the rapporteur of the TJ-SP ruling, judge Ricardo Negrão, stated that “the bank, by failing to give the consumer the right to choose, without any emphasis, violated their right”.
In addition to sending a copy of the information contained in the CRC, the bank will also have to adapt the bank account contractual clauses. The financial institution has ten days, counting from the final judgment, to present a new model of contract clause, under penalty of a daily fine of R$,
To justify the decision, Negrão considered the risk of false or incorrect customer information in the CRC, since consumers do not have access to the data included in the system.
“The consumer, therefore, finds himself in a weakened position not only because he does not know what data is included in the Risk Center, but he also cannot exercise the right to rectification, because he ignores its inclusion and will also suffer the consequences of the multiplication of disclosures to other data companies that you don’t know about.”
The argument is similar to that of lawyer Laércio José dos Santos , a member of the association that filed the lawsuit. “It’s a secretive Serasa or disguised SPC. If there is a prescribed debt in the CRC, the consumer will not be able to obtain credit. It is an extremely authoritarian position”, he says.