The 2nd panel of the Superior Court of Justice unanimously denied, this Thursday (21/3), an appeal in which Tickets for Fun intended to reverse a fine of more than R$ 1 million for violations of the Consumer Protection Code applied by Procon Sao Paulo.
In the session, the collegiate maintained a previous decision of the Court of Justice of São Paulo. The TJ concluded that the advance sale of tickets to certain consumers, holders of specific credit cards, prevents other interested parties from competing with equal conditions, not being allowed to choose any place or seat at the show or, even, opt for tickets with more affordable values.
The rapporteur, Minister Mauro Campbell, stated that in order to reject the conclusions adopted by the TJ and accept the company's thesis of the inexistence of abusive practice, "it would be essential to revolve the factual and evidential content already analyzed, which is prohibited by the precedent 7 of the Court , which prohibits the re-examination of facts and evidence".
"In relation to the proportionality of the arbitrated fine, also questioned by the company, in order to assess the issue, it would be essential to analyze Procon's ordinance 26/06, and the interpretation of the constant mathematical formula, since such a procedure is impossible since the administrative act does not fall under the concept of Federal law or treaty", he explained.
Last week, the 3rd class of the Court ruled on the illegality of the convenience fee for tickets purchased over the internet in a lawsuit involving Ingresso Rápido, filed by a Consumer Protection Association of Rio Grande do Sul. The collegiate also determined the reimbursement of the company's clients since 2008, five years before the lawsuit was filed in the judiciary.
All consumers who can prove payment of the fee, regardless of whether they are part of the association, will be able to qualify for reimbursement, after the action is completed.
Source: Gabriela Coelho via Conjur.