Free Market and CEF: Fraud over the Internet generates compensation for moral and material damages
September 9, 2008 Category: News 
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Fraud on the Internet generates compensation for moral and material damages
The Federal Savings and Market Activities Livre.com Internet should pay compensation to Rafael Silva de Oliveira for the moral and material damages caused to blows made by third parties through the site? Of sale. The decision was issued by the 3rd Class of the Federal Court of the 4th Region in Porto Alegre, on August 26 last, and made available in the Electronic Journal of the Federal Court of the 4th Region of Sept. 3.
Almost a year after having lost their documents, in 2001, in Curitiba / PR, Oliveira found that his name was involved in a string of scams perpetrated by third parties. The robbers, possession of stolen documents, opened a savings in cash and through the page of the Free Market on the Internet, offered and sold computer products and electronics at affordable prices.
On the basis of fraud, Oliveira said the lawsuits in Belo Horizonte and Joao Pessoa, driven by buyers who had deposited money in the account and had not received the products ordered. Claiming responsibility for the CEF and the Free Market by the constraints, threats and coercion to be confused with scammers and fraudsters, Oliveira joined in 2005 with action in the Federal Court of Curitiba.
In the sentence, a Federal Court of Curitiba condemned the EFC and the free market to compensate for damages caused by Oliveira court costs and hiring lawyers in this and other actions arising from the fraud that was the victim. Also ordered to pay compensation by way of moral damages in the amount of $ 20,000, CEF, and £ 12 000 at eBay.
Thanks to my friend Jane, who also worked in TRF4 and send me the link, studying law and also explained why the values were so low (20,000 is nothing for CEF and 12 000 tb is nothing for ML .) According to the process:
The values in relation to the author, not insignificant or reduced on one side and on the other are not excessive, that is, does not cause any enrichment excessive, while it provides compensation at the level of damage. In relation to the ground, the first, solid and traditional Brazilian bank, and second, known and ordered by the internet service provider, among other activities included in its charter, there will be no difficulty for the payment of this amount, while that is enough for them to enforce a punitive and educational in proportion to the fault verified. I emphasize that lower values in relation to the ground, would not this surtiria punitive and educational. The reason that the compensation to be paid by the CEF is higher than that fixed for the other defendant, is that the former is obviously greater economic capacity.
I am not and never had any problems with the Free Market. In addition to user's site, I am a partner. But, you know, there are people who asks to be deceived. Buy a product with lower price than the 'normal' (though it is making a negoção) and still make a deposit on behalf of third parties ... spare me.
Maysa
It is the duty to inform all harmed by auction and sales site of the Free Market is included in the Code of Consumer Protection as a service provider, comprising a series of a responsibility to their customers / users, such as protection of personal data entered in its database, which was not seen with the user of a brother who had stolen their access and practiced false sales on their behalf. They were sentenced on 1st Instance in the city of Marilia - Case No. 1798/07 which proceeded by the 6th Circuit, and were sentenced at the Court of Sao Paulo unanimously and absteram to resort to other instances depositing the value of the conviction of R $ 31,108.00, as available in this Court statement:
http://www.stac.sp.gov.br/aplic80/servlet/extrato.hnovobck?1203195, 00
The provision for clarification of this defendant and other service providers with custody of digital personal data.
ADr. Alexander Pimentel, OAB / SP 213 845.
Pain in honor of two more than the pain in the body.
2It has a Web site with many tips on damages.
http://www.vaiprocurarseusdireitos.com.br
Tava g.reader putting in my day and I bumped in to and neologism. hehehe.
Abras.
3I still do not trust internet shopping, I think talking with the seller and know the advantages and disadvantages of the product is better.
4http://perfil.mercadolivre.com.br/DJI_A_JOU
This is the result of years of honest trading on eBay.
That's when a buyer of my products had stolen the password.
I updated that eBay should take steps to ensure that this does not happen again, wanted the "IP" of the buyer and also the reversal of charges generated.
I had the reversal, the buyer was deleted.
Three days after paying the bill, I received 52 e-mail's not efetuei shopping. All references to 1:32 pm
I asked the eBay to cancel all purchases and that changed my password.
The answer I got was:
THIS USER IS NOT PART OF THE COMMUNITY MORE
On eBay is not only user who is a criminal.
5