Federal Decree No. 11,034 of 2022, published on 5 April 2022, regulates Law No. 8,078/1990 – the Brazilian Consumer Defense Code, and establishes new guidelines regarding customer service center (Serviço de Atendimento ao Cliente or SAC).
The new decree brings innovations to the SAC, which must guarantee that consumers obtain adequate information about contracted services and treatment of their demands. It is important to note that the rules are valid for service providers regulated by the federal government and not for the general offer of products and services.
The decree provides that access to the SAC must be free of charge and have uninterrupted availability 24 hours a day, seven days a week. The telephone option will be mandatory and the service cannot be conditioned upon prior provision of the consumer’s personal information. Linking advertising messages during the waiting time is prohibited — except for those dealing with consumer rights and duties.
Customer service by telephone cannot be offered for less than eight hours a day and must provide human assistance. The decree also determines the inclusion of complaint and cancellation options in the menu, as well as a maximum waiting time for contact with the attendant and the possibility to transfer to the appropriate sector. If the call ends before the problem is resolved, the supplier must revert to the consumer and complete the service.
Accessibility also becomes mandatory and shall be provided for people with disabilities.
Customer service must guarantee service in a timely manner, as well as the secure and private resolution of consumer demand. It must also ensure that the treatment of the consumers’ personal information is in compliance with the provisions of the Brazilian General Data Protection Law (LGPD).
Furthermore, the possibility to monitor demands through registration or a numerical procedure must be available to consumers. All demands must be answered within seven calendar days from the date of registration. Consumers must receive a response regarding their demands by electronic means or by mail — with clear, objective and conclusive answers.
Lastly, cancellation requests made by consumers must be secured by all available means that are available when contracting the service. This service must be immediate. Consumers are entitled to all information regarding the conditions applicable to termination and possible fines.
Our Environment, Consumer and Sustainability team is available to provide further clarification on this topic.