STF vetoes laws that forced companies to extend promotions to old customers

The Federal Supreme Court (STF) overturned this Thursday (9) state laws that forced telephone operators and education companies to extend promotions offered to new customers to old customers.

The laws were challenged in the Supreme Court by Acel (Association of Cellular Operators) and by Confenen (National Confederation of Educational Establishments), which stated, among other arguments, that only federal legislation could address the issue.

Three cases dealing with the cases, relating to the laws of São Paulo and Pernambuco, were judged together. Minister Luís Roberto Barroso, rapporteur for two of them, stated that he considers the laws unconstitutional because they hurt free enterprise.

Barroso had already determined in an injunction (provisional) in 2015, the suspension of the obligation to extend promotions in the area of ​​mobile telephony to old customers.

For the minister, it is not irregular for the service provider to make promotions to get new customers.

He stated that he considers “a drastic intervention in pre-existing contractual relationships”, to oblige by law “to give an advantage that is not provided for in the contract previously entered into”.

Alexandre de Moraes, rapporteur for a third action on the subject, was also in favor of vetoing the obligation to include old customers in promotions aimed at new ones.

The two were accompanied by most of the STF ministers. Edson Fachin was the only one to vote in favor of all the questioned laws.

At the trial, Confenen’s lawyer, José Roberto Covac, said that there could be no regulation of the matter at the state level “especially when there is no abusive conduct on the part of the provider”.

“It is important to note that discounts granted by private educational institutions aim to stimulate social conditions favorable to educational development at all levels”, he said.