CONSUMER AND PRODUCT LIABILITY

The firm handles strategic and complex lawsuits (individual and class actions) involving consumer law, product liability and civil liability. It also defends clients against sanctions imposed by consumer protection agencies.

The team has experience in guiding and conducting product recall campaigns and advises clients in all their policies related to consumer law, including post-sales services, electronic commerce and digital service, and abusive practices, among other matters arising from consumer relations. This work comprehends reviewing documents such as terms and conditions, user´s manuals, guarantee and warranty terms and advertising.  The firm also provides consultancy on the new Brazilian General Law on Data Protection and on the General Data Protection Regulation (GDPR).

“Clients highlight the team’s ‘solid technical knowledge and good reputation in the market,’ adding: ‘They know how to position themselves from a theoretical and practical perspective.’”

“Co-head of practice Jorge Cesa is singled out by clients for his ‘experience and for his constant delivery of a reliable service.’ (…) He is particularly strong in representing players from the tobacco, technology and electronics industries.” (Chambers and Partners)

“Partner Guilherme Rizzo Amaral focuses on strategic litigation matters, namely class actions involving consumer law matters. Clients highlight his ‘experience, technical knowledge and availability,’ adding that ‘he has a great understanding of the client’s business.’” (Chambers and Partners)

 

Recent representations

■ Representation of the largest online marketplace and hospitality service in the world in several consumer lawsuits and complaints filed nationwide, as well as general consultancy.

■ Representation of Brazil’s largest retailer in more than 200 civil inquiries, class actions and strategic lawsuits.

■ Representation of Latin America’s largest commercial airline in more than 250 civil inquiries, class actions and strategic lawsuits.

■ Representation of the world’s largest cellphone manufacturer in more than 100 strategic judicial and administrative cases related to consumer law throughout Brazil, including public civil investigations, class actions, individual claims arising from consumer accidents, tax foreclosure and annulment suits.

■ Representation of a Chinese multinational technology in an administrative proceeding filed by the DPDC – Departamento de Proteção e Defesa do Consumidor (Brazilian Department of Consumer Protection) regarding the alleged non-compliance with the delivery deadline for purchased products.

■ Successful representation of cellphone manufacturers and a consumer association in a Class Action filed by the Federal and the State Public Attorney’s Office of the State of Minas Gerais, related to the Specific Absorption Rate (SAR) and the alleged risk to human health associated with the use of cellphones.

■ Representation of a North American computer manufacturer in several administrative proceedings filed by Brazilian consumer protection authorities or by Public Attorney’s Offices (PAOs) related to strategic consumer matters, such as defective notebooks and technical support.

■ Consultancy to a computer manufacturer in several issues regarding consumer law, such as product warranty, customer care, spare parts and advertising;

■ The area represents the world’s largest software company in public civil actions, strategies involving data privacy and other issues related to consumer rights;

■ The team represents an electricity company in an action for annulment filed against the PROCON Foundation of São Paulo, for the annulment of an administrative fine in the amount of more than R$ 3,000,000.00.