Did you know that according to studies conducted by the Survey of Consumer Debt and Underdevelopment (Peic), released last Monday (5) by the National Federation of Trade in Goods, Services and Tourism (CNC), about 79% of Brazilian households are in debt? So a lot of people want to know: What are the rights of dirty name holders? We explain below.
The number of Brazilians in debt has increased by 6 percentage points compared to the same period last year. Several reasons explain the indebtedness of the Brazilians. Highlights the inflation, increase in the prices of basic necessities and the economic losses incurred during the Covid-19 pandemic.
People with dirty names have the right to notify
One of the main rights of people with an unclean name is debt notification. Article 43 of the Consumer Protection Act guarantees the right to notice before a name is rejected. According to Serasa, “the consumer must be informed in advance of the inclusion of the debt in the default registry.”
This notification may be provided by phone, email or physical correspondence. At least for now, the legislation does not allow communication via WhatsApp. In addition, creditor companies cannot notify the debtor in the business environment – which is an illegal embarrassment.
What does the law say about arbitrary charges?
Debt or name denial does not remove the right to peace and quiet. Even citizens who have debts cannot be arbitrarily charged by the creditor companies. In other words, the legislation does not allow persistent abusive calls or communications at inappropriate times.
As mentioned above, companies also cannot contact debtors at work, or contact family, friends and acquaintances. In any case, in case of harassment, debtors can take legal action against the companies. In this case, compensation for moral damages can be claimed.
People with dirty names have the right to renegotiate debt
Finally, the passive has the right to negotiate debts. According to the information from Serasa, the negotiation proposal can come from both the creditor and the debtor. Therefore, if you are in debt, you do not need to wait for the company to contact you to try to renegotiate the debt.
It should be noted that since the process is a negotiation, the debtors’ proposal may not be accepted. In this sense, it is worth betting on trading fairswhich is usually done annually at Serasa and at select companies.
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