LUN 14 DE OCTUBRE DE 2024 - 12:15hs.
Joint liability

Procon-SP to notify operators and payment method companies about retained amounts

The Consumer Protection Agency in São Paulo (Procon-SP) announced that it will notify all companies involved in the supply chain for games and ‘ Bets’ – as operators are called in Brazil- so that they can inform the measures taken to return amounts retained by prohibited sites to bettors. In addition to the bookmakers, the agency will also request information from payment method providers regarding the joint and several liability of all suppliers, as determined by the Consumer Protection Code.

Last Friday (11), the National Telecommunications Agency (Anatel) released the list of sites that were not authorized to operate by the Ministry of Finance. One day before, Anatel had already notified telecommunications service providers about the decision of the Secretariat of Prizes and Betting (SPA).

According to the consumer protection agency of the state of São Paulo, consumers have already sent complaints reporting problems in receiving the money that was on the platforms. Procon-SP advised that anyone in this situation should contact the Procon in their city or state.

On October 1, the Ministry of Finance published the list of gambling companies that would be authorized to continue operating in Brazil until December 2024. The department advised gamblers to withdraw their funds by last Thursday.

Procon-SP argues that even though the sites are ceasing their activities, they remain responsible for their relationships with consumers. Other suppliers in the chain may also be held liable, such as payment companies.

The protection and defense of consumers and the guarantee of their rights are provided for in Federal Law No. 8,078/90 (Consumer Defense Code), in particular ensuring the joint and several liability of all suppliers, individuals or legal entities, who obtain profit or other advantages through the business activity that is part of the consumer chain,” explains Luiz Orsatti Filho, Executive Director of Procon-SP.

Procon also expects to send a letter to the Attorney General's Office (AGU) and the Ministry of Finance expressing concern about the possibility of platforms circumventing the regulations by creating new domains for their websites.

Source: GMB