Procon-SP considers Claro’s response to be unsatisfactory and should fine the company – Telecommunications – Tecnoblog

THE Procon-SP was not satisfied with the operator’s response Clear about instability in their care systems. The pro-consumer entity notified the company on December 29, when the failure had lasted more than 72 hours. But according to a statement sent to the Techblog on Thursday (6), the explanations sent by Claro do not contain the level of detail necessary to prove the inexistence of damage to consumers.

Claro's store in São Paulo (Image: Felipe Ventura / Tecnoblog)
Claro’s store in São Paulo (Image: Felipe Ventura / Tecnoblog)

The notification sent to Claro asked the company to explain the reasons for the breakdown in the service channels. Procon-SP also asked the company to inform which channels were affected, for how long the problem occurred and what measures were taken to resolve the failure.

Aware of service interruptions due to customer reports, the institution also asked Claro to provide an action plan for the reimbursement of amounts to customers who had services temporarily interrupted due to instability.

“Despite informing that any consumers who experienced problems during the period of instability will have their situations examined, Claro does not detail how this will be (or was) done, how many consumers received the company’s calls (or how many were affected), as their damages have been repaired, which regions have been affected, which damage mitigation guarantees, etc.”

Procon-SP, in note to Techblog

Of course, it did not prove that there was no loss

Also according to Procon-SP, Claro claimed that there is no need for reimbursement to customers, since there was no interruption in the provision of telecommunications services (the operator’s networks generally worked — although some people reported localized problems).

The company did not consider, however, that the instability caused a lack of access to resolve the demands, reestablishment of services, cancellations of lines, among other situations, which “certainly” caused individual losses to consumers.

“The Consumer Protection and Defense Code sets out among the main consumer rights the quality of products and services included in the consumer market, including the quality of the respective service. The SAC Law (Decree 6.523/2008) also establishes minimum standards of quality and efficiency of service, and SAC must comply with the principles of dignity, good faith, transparency, efficiency, effectiveness, speed and cordiality, in addition to receiving and processing immediately the request for cancellation of service made by the consumer.”

Due to the unsatisfactory content of the response, Procon-SP decided to forward the case to the inspection team so that measures can be taken, since, apparently, there was a problem with the quality of the service provided. In this scenario, the operator can still be fined — the amount of the penalty can reach R$ 11 million.

Claro was contacted by the report to comment on the Procon-SP communiqué, but did not respond to our contact until the end of this article.

Instability would have been caused by hacker attack

The Lapsus group, which also claimed the attack on the Ministry of Health’s systems, claimed to have been responsible for the downfall of the operator’s platforms. According to the alleged attackers, “a small part of the data” was downloaded, and could be leaked if Claro refused to pay “a small reward / fee”.

Although Claro denies having been the victim of a hacker attack, a company salesperson heard by the Techblog he said that rumors of an invasion were circulating internally. He recognized prints — released by Lapsus — of the company’s systems used to register new customers and line changes.

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