New Regulations on Consumer Contracts and Abusive Clauses

If you offer services and/or products to consumers or users through standard contracts, be aware that a new regulation is in force which details which clauses will be considered abusive and, therefore, null and void.

The Consumer Defense Law punishes abusive clauses included in consumer contracts by providing that such clauses shall be deemed as unwritten without prejudice to the validity of the contract. Within this framework, there was already a Resolution that established the cases of clauses that would be considered “abusive” under the Law (Resolution No. 53/2003 of the former Secretariat of Competition, Deregulation And Consumer Protection of the Ministry of Economy) and recently this list was extended by the Secretary of Domestic Trade.

Among others, the following clauses will be considered abusive and null and void:

Promote or stimulate in a direct or indirect way stereotypes, socio-cultural patterns sustained in gender inequality and power relations over women.
Distinguish, exclude, restrict, or arbitrarily undermine consumers for reasons of race, ethnicity, gender, sexual orientation, gender identity, age, religion, physical, psychophysical or socio-economic condition, nationality, or any other that violates the principle of respect for the dignity of the human person.
Denaturalize the effects of the deposit to the detriment of the consumer.
Establish arbitration agreements.
Obstruct, distort, or limit the revocation of acceptance by consumers in consumer relations carried out outside commercial establishments, at a distance or by electronic means.
Allow suppliers to dispose of consumer data after the termination of the contract when the consumer has requested its deletion.
Impose a prohibition or penalty for negative reviews.
Consider the contract perfected and accepted by simply browsing the website.
Limit the exercise of consumer rights through collective actions.