Brazilian Court Orders Retailer to Pay Double Price for Undelivered Cell Phone

The Judiciary of Rio Grande do Norte, Brazil, has ordered a multinational retail company to pay a customer double the value of a cell phone that was purchased but never delivered. The decision was issued by the 3rd Recursal Chamber of the Special Civil, Criminal, and Public Treasury Courts of RN. The company's name was not disclosed by the TJRN. The customer bought a smartphone for R$ 665.55 in July 2025 via the retailer's website, with an option for in-store pickup. She claimed she never received the product and was unable to make a new purchase due to insufficient credit limit on her card. The company argued it offered a store credit for the phone's value and deemed the request for moral damages compensation inappropriate. After an initial ruling favoring reimbursement, the customer appealed, citing the company's failure to deliver the product and questioning the proof of her acceptance of the store credit. She also highlighted the distress caused by the retailer's illicit conduct. Judge Welma Maria Ferreira confirmed the lack of evidence for a consensual new legal agreement, noting the company issued store credit without customer confirmation. While the customer was awarded reimbursement for the product's value, her claim for moral damages was denied. The judge classified the situation as a common inconvenience, stating there was no proof of real harm to the consumer's dignity or personality rights. The judge upheld the original sentence, which had already absolved the company of moral damages, citing common sense and experience in evaluating evidence.