Black Friday has all kinds of discounts, from the ones that don’t pay much to the crazy ones. For a few moments last Friday (26), the Samsung Galaxy Note 20 and the Galaxy S20 FE were in this second group: at Casas Bahia, the first cost R$ 679, and the second, around R$ 1 thousand , well below the value normally practiced, between R$ 2.5 thousand and R$ 3 thousand. Only the store canceled the orders.
Since Saturday, the Techblog has been receiving reports from readers who have gone through this situation. One of these cases was that of reader Thiago. He bought a Note 20 for R$611.10. The order was not even registered. The Pix he made was returned after three minutes, and the transfer code cancelled.
Thiago is not the only one. He says that there are at least 150 consumers in the same situation. On social networks, they started to use the hashtag #BlackFraudeCasasBahia on social networks and look for the Techblog and other communication vehicles.
They claim that the store announced discounts of up to 80% — which would be the case for the Note 20 and the S20 FE. Some were blocked by the company, including. On Twitter, the store’s account even responded positively to a person who claimed to have bought a Galaxy S20 FE for R$ 1,050.
Another account is that of reader Gabriel. He ordered a Note 20 and an S20 FE and was cancelled. An email shared by a third customer shows that Casas Bahia claims that the BRL 611.10 price for the Note 20 was a processing error. The store canceled the order and gave a gift certificate for the amount paid — to receive the money back, it was necessary to contact customer service.
What can the consumer do
In conversation with the Techblog, Renata Reis, service coordinator at Procon-SP, says that, in issues like this, there is a low price. The name is given at a price that clearly does not match the value of a product. She ponders, however, that at the time of Black Friday the situation is more complicated.
“The company itself generated this expectation. The consumer cannot bear the burden of this.”
Attorney Bruno Boris, professor at Mackenzie and specialist in consumer law, recalls that consumer relations must be mediated by good faith.
He comments that the understanding of the Judiciary, in most cases, is that a discount above 50% can be understood as an error. However, nothing prevents a company from actually promoting such an aggressive promotion.
Furthermore, companies can argue that the advertised price is higher than the product’s cost price, as long as they demonstrate this.
However, the fact that the offer appeared on a Black Friday, when the company itself announced 80% discounts, can be used as an argument. In addition, both Note 20 and S20 FE are devices launched over a year ago in Brazil. The offer, therefore, could be a “stock burnout”.
Both Reis and Boris recommend that injured consumers look for Procon first. The agency has no power of justice and tries to mediate conflicts between clients and companies. He could not, for example, force the store to deliver the product.
Even so, it can fine and fine the company, if it understands that there was a breach of the Consumer Defense Code. Reis also emphasizes that many complaints in Procon can help the agency to fine the company.
If the case is not resolved, there is still the path of the Judiciary. Complaints made in Procon can serve as a basis for the process. The judge analyzes the arguments of the two parties and can, if the action is upheld, force the company to deliver the products.
Procon-SP notifies Casas Bahia
In the late afternoon of this Monday (29), Procon-SP notified Via S/A, owner of Casas Bahia. The agency asks the company to explain what happened, show the reasons for canceling orders, and share how many purchases were canceled. The company has three days to respond.
Wanted by Techblog, Via did not send a position until the publication of this report.