Procon de Minas fines Americanas in R$ 11 million

The Procon-MG fined R$ 11 million to Americanas SA, according to information published on Tuesday (31) by the MPMG (Public Ministry of Minas Gerais).

In a note, the Public Ministry stated that the measure was motivated by non-compliance with offers, the cancellation of purchases and the lack of deliveries of products purchased by consumers on the company’s website. Procon-MG is linked to MPMG.

Americanas is experiencing a crisis that took shape in the country after the discovery of a billionaire debt that resulted in the opening of the company’s judicial recovery process. The group’s total debt is now estimated at R$47.9 billion.

When announcing the fine, the Public Ministry cited a survey with data from the Reclame Aqui portal that would have indicated 445 complaints from Minas Gerais consumers against the company from January 4, 2020 to January 4, 2022.

The complaints would involve non-compliance with offers and the unavailability of the stock of products sold on the Americanas SA website

According to the Public Prosecutor’s Office, the investigation of the alleged violations began with the representation of a consumer who had purchased a refrigerator at the electronic address, but had the purchase canceled and the amount refunded on the grounds that the goods were not in stock.

“According to Article 35 of the CDC [Código de Defesa do Consumidor], if the product supplier refuses to comply with the offer, the consumer may: demand forced fulfillment of the obligation, accept another equivalent product, among other things. Based on this consumer’s complaint, Procon-MG found that this type of infraction was occurring on a recurring basis by Americanas S/A and its partners”, said the MPMG.

Asked about the fine applied in Minas Gerais, the retailer did not comment until the publication of this report.

In the view of Procon-MG, the company has harmed the community. “Measure [multa] was taken, according to the decision of the MPMG body, to avoid reiteration of future infractions and to preserve the normal functioning of the consumer market, in accordance with what is provided for in the Consumer Protection Code (CDC)”, said the Public Ministry.