Post by account_disabled on Jan 31, 2024 3:58:34 GMT -5
Charging fees for early debt settlement has only been prohibited since December 10, 2007, when it was expressly prohibited by the National Monetary Council (CMN). This was the understanding of the 3rd Panel of the Superior Court of Justice when overturning a decision that had declared null and void contractual clauses that charged a fee if the customer terminated the debt beforehand. The São Paulo Court of Justice agreed with a public civil action on the matter, filed by the Public Prosecutor's Office, and considered that the defendant financial institution committed an abusive practice.
In an appeal to the STJ, the bank claimed Buy Phone Number List that the matter should be treated not only in light of the Consumer Protection Code, as occurred in the court of origin, but in accordance with Law 4,595/1964, which regulates the national financial system and determines the powers of the CMN. For the rapporteur, Minister Villas Bôas Cueva, the party's argument is valid, as “it is the CMN's responsibility to limit, whenever necessary, interest rates, discounts, commissions and any other form of remuneration for banking or financial operations and services”. Evolution The rapporteur outlined a history of the council's rules for analyzing the case.
He pointed out that, initially, the topic was regulated by CMN Resolution 2,303/1996, which did not make it clear what types of services the bank could charge fees to its consumers. Later, CMN Resolution 3,401/2006 allowed financial institutions to charge fees on the early settlement of credit and leasing operations. Finally, CMN Resolution 3,516/2007 expressly prohibited fees resulting from early settlement of credit granting and financial leasing contracts. Only from that moment on, says the rapporteur, did the collection become irregular. The scope of the law from the 1960s, as can be seen when reading its provisions, was the protection of the acquirer-consumer, bringing, as a result, a series of articles regarding the need for registration of the developer and transparency in carrying out its business .
In an appeal to the STJ, the bank claimed Buy Phone Number List that the matter should be treated not only in light of the Consumer Protection Code, as occurred in the court of origin, but in accordance with Law 4,595/1964, which regulates the national financial system and determines the powers of the CMN. For the rapporteur, Minister Villas Bôas Cueva, the party's argument is valid, as “it is the CMN's responsibility to limit, whenever necessary, interest rates, discounts, commissions and any other form of remuneration for banking or financial operations and services”. Evolution The rapporteur outlined a history of the council's rules for analyzing the case.
He pointed out that, initially, the topic was regulated by CMN Resolution 2,303/1996, which did not make it clear what types of services the bank could charge fees to its consumers. Later, CMN Resolution 3,401/2006 allowed financial institutions to charge fees on the early settlement of credit and leasing operations. Finally, CMN Resolution 3,516/2007 expressly prohibited fees resulting from early settlement of credit granting and financial leasing contracts. Only from that moment on, says the rapporteur, did the collection become irregular. The scope of the law from the 1960s, as can be seen when reading its provisions, was the protection of the acquirer-consumer, bringing, as a result, a series of articles regarding the need for registration of the developer and transparency in carrying out its business .