Company Fined in Brazil for Selling Designer Clothes and Delivering Fakes

A logistics and marketing company has been ordered by a court in Rio Grande do Norte, Brazil, to refund a consumer R$ 9,821.80 after selling advertised designer clothing that turned out to be counterfeit. The company must also pay R$ 4,000 in moral damages. The ruling was issued by Judge Demetrio Demeval Trigueiro do Vale Neto of the Special Civil, Criminal, and Public Treasury Court of Goianinha. The judge found the company guilty of misleading advertising, lack of information, and failure to fulfill the offer.

The consumer purchased several clothing items advertised on social media in June 2024 for R$ 8,000, paid via Pix. Following the purchase, the customer was informed that the items would be shipped from China, a detail not disclosed before the transaction. Additionally, R$ 1,821.80 in import taxes were charged. Upon receiving the order, the consumer discovered the items were not as advertised or chosen. Despite returning the merchandise and requesting an exchange, the correct products or a refund were not provided for over six months. The customer argued they were misled by the advertising and lacked information on product origin and additional costs, and that attempts to resolve the issue directly with the company were unsuccessful.

The company did not present a defense or attend the hearing, leading the court to declare them in default and accept the consumer's claims as true. The judge applied consumer protection laws, citing service failure due to delivering non-conforming products, missing information, and retaining funds after the return. The court ordered the contract rescinded and the full amount paid by the consumer to be returned as compensation for material damages. The moral damages were awarded due to the frustration, unexpected costs, and time spent by the consumer trying to resolve the problem, deeming the company's conduct to be in bad faith and negligent.