You may be paying more than you should on the ticket; see what to do

Not always the amount that is described on the ticket is what you have to pay. Undue billing for services such as telephony, internet, TV, streaming and financial products is a common complaint among consumers. With a little attention, it can be found and questioned.

In cases where the customer has already paid the bill with amounts above those due, it is possible to recover the money. According to experts, this must be done through the company’s service channels, SACs (Customer Service Services) and, as a last resort, through legal proceedings.

In Reclame Aqui, a platform for the mediation of conflicts between consumers and companies, improper charging appears as the main complaint registered in the last six months against internet providers (14 thousand complaints), mobile telephony (15 thousand), fixed telephony services. (4,000) and Pay TV (8,000).

Check out some examples of improper billing

• Immediate reduction of cell phone credits on prepaid plans (before the customer makes any calls or sends a message)
• Collection of insurance not taken out on financial services, such as a credit card, bank account or financing
• Hiring a better (and more expensive) plan for telephony, internet, cable TV or streaming service than the consumer had asked for
• Charging for additional services without authorization, such as game package on mobile account or sending horoscope by message, for example
• Subscription to extra TV channels or movies and series at an additional cost without the consumer’s consent

Specialists from Idec (Brazilian Institute for Consumer Protection), Proteste (Brazilian Consumer Protection Association) and Reclame Aqui shared tips on how to deal with improper charges.

How to identify an improper charge

1. Read the invoice details; they must be available in the customer service area on companies’ websites and applications
2. Don’t forget the automatic debit cards
3. Look for values ​​that you consider to be above what had been agreed upon at the time of hiring
4. Check that the plan has not been improved without your consent
5. See additional services contracted; did you order all of them?
6. If you have identified a charge that you consider excessive, check that it is not just the contractual adjustment that can happen after 12 months
7. Search the internet for similar complaints

“If you are in doubt about what was charged, your operator is obliged to explain what type of service is being billed. In this case, contact the company’s customer service channels and write down the protocol”, says Camila Leite, lawyer of Idec’s Telecommunications and Digital Rights Program.

Felipe Paniago, marketing director of Reclame Aqui, says that it is important to carefully read the complaints registered by other consumers. This can be done on consumer protection sites or on social networks themselves, using keywords.

The care with direct debit accounts was a measure cited by all the experts interviewed by the report. The mechanism offers convenience for the consumer and the company, avoiding late payments. Even so, the consumer needs to periodically check the account details to see if they are not paying more than they owe.

Bianca Caetano, a lawyer at Proteste, says that higher charges are sometimes just a result of the annual contract readjustment. “Remembering that the annual adjustment, as she says, can only occur every 12 months and must be informed to the consumer in advance, before the due date of the charge.”

How do I complain about the wrongful charge?

1. Notify the company about the improper charge through service channels, social networks or consumer service sites (such as Reclame Aqui, Proteste and Consumidor.gov.br)
2. Write down the protocol number, which needs to be informed by the company
3. If the problem is not resolved, contact the company’s ombudsman.
4. You can also file a complaint with the Procon of your city or on the Anatel (National Telecommunications Agency) website for cases involving telephony, internet and cable TV.

Bianca Caetano says that the ideal is always to contest the undue charge before the due date of the account, so that the company can regularize the invoice and issue a new ticket.

How to recover what was overpaid?

If you have already paid the bill with improper charges and the complaints in the company’s or consumer defense channels have not had any effect, the best alternative is to file a lawsuit.

As consumer law cases usually have relatively low values, the recommendation is to seek a Special Civil Court (formerly Small Claims Court).

In special courts, if the total amount under discussion is up to 20 minimum wages (R$ 24,240 currently), it is not necessary to hire a lawyer. In addition to this value, the presence of a lawyer is mandatory. Cases above 40 minimum wages (R$ 48,480) need to be filed in civil courts of the Common Justice.

Lawyers Camila Leita and Bianca Caetano claim that the consumer has the right to receive double the amount that was improperly charged, in addition to any moral damages.