The Decree will come into effect on October 6, 2022. It is important to begin adaptations as soon as possible.
Access to SAC and response to demands must be free of charge for the consumer;
Access to the SAC must be available, without interruption, “24 hours a day, 7 days a week”, and may be reduced, provided that it is regulated by the competent authorities, if the service offered is not available for use or contracting during the same period (24/7);
Access must be guaranteed through at least one of the integrated service channels, the operation of which will be widely publicized, with telephone service being mandatory;
Initial access to the attendant will not be conditional upon the prior provision of data by the consumer, and the transmission of advertising messages during the waiting time for the service will be prohibited, except with the consumer's prior consent;
The transmission of informative messages is permitted during waiting times, provided they address the rights and duties of consumers or other available service channels;
The conditions for telephone service will be regulated by ANAC, and must have service of at least eight hours per day, with availability of human assistance, minimum options listed in the first menu, including, obligatorily, options for complaints and cancellation of contracts and services;
Furthermore, the maximum waiting time for direct contact with the attendant will also be regulated, when this option is selected; and the transfer to the competent sector for definitive service of the demand, when the first attendant does not have this assignment;
Accessibility is mandatory in the SAC channels maintained by the suppliers referred to in the Decree, for use by people with disabilities, ensuring full access to meet their demands;
The options for accessing the SAC must be clearly indicated in all documents and printed materials delivered to the consumer when contracting the service and during its provision; and in the supplier's electronic channels;
When handling complaints, the Customer Service Department must ensure punctuality, security, privacy and resolution of the demand;
The consumer's personal data may be collected, stored, processed, transferred and used exclusively in accordance with the provisions of the General Personal Data Protection Law;
It is prohibited to request a repeat request from a consumer after registering for the first service. If the call is terminated by the provider before the service is completed, the provider must return the call to the consumer, provide the registration number (protocol), and complete the service, ensuring that the consumer follows up on all their requests through the various integrated service channels.
The complaint record must be sent to the consumer, upon request, within five calendar days from the date of the request, by mail or electronically, at the consumer's discretion; and must contain all information related to the complaint, including the content of the supplier's response,
In the case of a telephone call, it is mandatory to keep a recording of the call made to the SAC for a minimum period of ninety days, counting from the date of service;
The service record will be kept available to the consumer and the inspection entity for a minimum period of two years, from the date of resolution of the demand;
Consumer demands will be responded to within seven calendar days from the date of registration;
The consumer will be informed about the completion of the processing of his/her demand and, upon request, will receive from the supplier the relevant proof by correspondence or electronically, at the consumer's discretion, which must be clear, objective and conclusive; addressing all points of the consumer's demand;
When the demand concerns an unsolicited service or undue charge, the supplier will immediately take the necessary measures to suspend the charge;
The cancellation request will be permitted and guaranteed to the consumer by all means available for contracting the service, observing the conditions applicable to cancellation and the fines arising from the contractual clauses;
The effects of the cancellation request will be immediate, regardless of contractual compliance, except when technical processing of the demand is necessary;
The consumer will be provided with information on any conditions applicable to cancellation, as well as fines applicable for non-compliance with contractual clauses regarding minimum stay, where applicable;
Proof of the cancellation request must be sent by mail or electronically, at the consumer's discretion; in addition, the option of scheduled cancellation may be offered, subject to the consumer's consent.
The National Consumer Secretariat of the Ministry of Justice and Public Security may request data and information from suppliers, observing the legal assumptions of privacy, in order to monitor the effectiveness of the SAC, and if it finds low effectiveness of certain suppliers, it may establish telephone service hours by a human of more than 8 hours per day.
Finally, we emphasize that failure to comply with the provisions of this Decree may result in the application of sanctions/fines established in the Consumer Protection Code, without prejudice to the application of sanctions contained in the specific regulations of regulatory bodies and entities.
