Companies that use WhatsApp and social networks to sell products or services are required to accept the cancellation request through the same service channels.
The obligation is present in the new operating rules of SACs (Customer Service), which were reformulated and began to take effect on October 3rd. However, this measure is not recent.
The text follows the same indication of the decree that regulated the service in 2008 and already provided that “the cancellation request will be allowed and assured to the consumer by all available means for contracting the service”.
The novelty in the new legislation is that the cancellation must be done immediately by the company, regardless of whether there is a default in the contract.
The rules apply to companies regulated by the federal government, such as banks and telecom operators.
The new call center rules apply to:
- fixed, mobile and pay-TV operators;
- banks and financial institutions;
- health insurance;
- insurance brokers;
- credit card operators;
- air and ground transportation companies;
- electric utilities
News of the SAC rules
One of the novelties of the decree that went into effect on October 3 is the obligation to immediately suspend the collection of amounts not recognized by the consumer.
It also became mandatory to provide service with an operator for at least 8 hours a day. In addition, the company continues to have to offer 24-hour service on at least one communication channel.
Waiting for an answer increases from five to seven days
The new rules have increased the deadline for resolving complaints. Now, the minimum time for responses in case the consumer registers a complaint has increased from five to seven calendar days.
Cancellation call will not have to be transferred within 1 minute
In the previous legislation, when the consumer contacted the company, it had to transfer the call to the sector responsible for the cancellation within 1 minute. In the new rules, this obligation was extinguished.
Inspection in the SAC of companies
From the validity of the decree, in addition to the regulatory entities, Senacon will start to monitor the complaints registered in the SAC of the companies. Before, monitoring was done only on the consumer.gov platform.
Inspection and application of sanctions to companies that commit irregularities continue to be the role of regulatory agencies.
Consumer rights in the service of companies:
- The same channels used for contracting must be made available for the cancellation request;
- Access to the SAC is free;
- The service must be available, uninterruptedly, 24 hours a day, seven days a week, in at least one of the service channels;
- The telephone answering service is mandatory for companies and must be done by attendants for at least eight hours a day;
- In the telephone service menu, it is mandatory to include options for complaints and cancellation of contracts and services;
- Advertising messages are prohibited during the waiting time for service. The exception is when there is prior consent from the consumer;
- It is the consumer’s right to request access to the history of requests made through the service channels;
- Upon request, the company will have a period of five calendar days to send the service history;
- Phone calls must be stored by the company for a minimum period of 90 days. During this period, the consumer may request the content of the recording;
- Companies now have a period of seven calendar days to respond to demands after the consumer has registered. Previously, the deadline was five days.