The Mato Grosso do Sul Court did not accept the request to suspend, on an urgent basis, the collection of the app’s service fee throughout the national territory. The public civil action is filed by Adecon-MS (Consumer Defense Association of Mato Grosso do Sul).
In its argument, the association asks for R$815 million in compensation for collective moral damages for charging the app’s service fee on several orders, and also the immediate interruption of the fee collection, which comes “out of the consumer’s pocket” and is not passed on to retailers.
In the decision, by judge Marcelo Ivo de Oliveira, from the 2nd Court of Homogeneous Diffuse, Collective and Individual Rights, it is defined that the action will take place normally in court, but without the judge’s understanding that there is a need for urgency in responding to the request.
The decision goes against the opinion of the MPMS (Public Ministry of Mato Grosso do Sul). In the text of the process, the MPMS also upheld the association’s request. For the agency, the charge is abusive and an urgent suspension of the charge would be fair.
“If urgent protection is not granted, there will be great harm to consumers, since it has been demonstrated that the defendant’s abuses continue on a daily basis, with the mandatory charging of the service fee. In this sense, the granting of urgent protection is essential, in order to suspend the practice of illicit collection throughout the national territory”, says the text.
Now, iFood has 15 days to respond. “Thus, the defendant is summoned to present a response within fifteen days, with legal warnings and this decision is notified”, concludes the judge’s decision.
Tags: R815 million action filed association judge maintains service fee collection Ifood
