Government demands that Amazon and Mercado Livre remove advertisements for cell phones without approval and NF

A National Consumer Secretariat (Senacon) determined that Amazon e Free Market remove from your platforms all advertisements for cell phones that are not approved by the National Telecommunications Agency (Anatel) and that do not have an invoice.

The decision came after a formal complaint presented by Brazilian Association of the Electrical and Electronic Industry (Abinee). In an official statement from the Ministry of Justice and Public Security, the national consumer secretary, Wadih Damous, highlighted the situation:

“We are facing a scenario in which the lack of control over the sale of irregular products puts consumer safety at risk and fuels unfair competition.”

The government also reinforced that it is the responsibility of digital platforms to guarantee the legality of advertised products, with the aim of protecting the national economy, consumer rights and ensuring fair competition in the market.

In June, Carlos Baigorri, president of Anatel, declared that thisIrregular cell phones harm citizens, consumers, and government revenue. “These are taxes that are not paid, it is unfair competition. Jobs are destroyed, companies stop investing in Brazil because of this. “What we are asking for is the minimum of the minimum (referring to compliance with the law). And we think it is very reasonable for marketplaces to comply with the law and start complying with it”, declared the executive.

Measures required from platforms

In addition to removing irregular ads, Senacon ordered Amazon and Mercado Livre to adopt strict measures to prevent new cases. Among the requirements are:

• Strict seller registrationrestricting the sale of cell phones only to sellers who can prove the issuance of invoices;
• Mandatory display of the Anatel approval code in cell phone ads.

Platforms must also submit a detailed report on compliance with these measures within 15 days. Otherwise, they may be subject to administrative proceedings and significant fines.

According to Senacon, many sellers registered only with CPF have sold significant volumes of cell phones without issuing an invoice, which violates the Consumer Protection Code (CDC).

In addition to fiscal irregularities, Senacon says that these products present a series of problems for consumers, such as:

• Lack of warranty or technical assistance;
• Lack of manuals in Portuguese;
• Use of chargers that do not meet the safety standards of the Brazilian Association of Technical Standards (ABNT).