Health plans cannot stop providing services to animals and continue charging monthly fees. This is the understanding of the 4th Private Law Chamber of the São Paulo Court of Justice, which ordered a company in the animal sector to compensate the owner, R$5,000, for interrupting the plan and charging installments on the credit card.
According to the decision, the operator must also reimburse the author R$310 related to the animal’s treatment expenses. In the first instance, the refund of all monthly fees paid since the signing of the contract was determined.
The author explains, in the process, that her dog, a beneficiary of the health plan, was undergoing treatment when the company reported the interruption of services, contracted a month earlier, for a period of 45 days. Despite this, the installment amounts continued to be debited from the guardian’s credit card.
Judge Alcides Leopoldo, rapporteur of the appeal, highlighted in his vote that the undue charge and the need for the author to bear the costs of caring for the animal “exceeded the mere annoyance or annoyance, in particular, due to the inertia in resolving the issue, imposing the filing of the action, so that the moral damage remained configured”.
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