Is e-mail notification valid? In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) recognized the validity of notifying consumers by electronic means, such as SMS, e-mail or cell phone applications, for the purposes of registering them in credit protection registers.
This understanding was consolidated in the judgment of REsp 2.092.539/RS, in which a consumer contested the notification by SMS, claiming that the procedure did not meet the requirements of article 43, § 2, of the Consumer Protection Code (CDC).
The rapporteur, Justice Marco Aurélio Bellizze, voted in favor of electronic notification, highlighting the suitability of new technologies in the context of communication with consumers.
He also pointed out that the wide dissemination of electronic media and the lack of justification for treating consumers differently from other jurisdictions reinforces the validity of this procedure.
With this decision, the 3rd and 4th panels of the STJ now share the same understanding regarding the validity of electronic notifications, considering it reasonable to adopt them as long as the recipient can prove receipt.
This relevant precedent could benefit companies, which will be able to use electronic means to notify consumers, as well as highlighting the possibility of adopting more agile and informal procedures.
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