Propaganda enganosa
| Autor | Cleidiane Araújo Ferreira Mendes Bonfim |
| Páginas | 392-392 |
Page 392
AGRAVO DE INSTRUMENTO. DECISÃO MONOCRÁTICA. AÇÃO DE REPARAÇÃO DE DANOS EXTRAPATRIMONIAIS DECORRENTES DE PROPAGANDA ENGANOSA. EXIBIÇÃO DE CONTRATO. APLICAÇÃO DO CDC. INVERSÃO DO ÔNUS DA PROVA. 1. A relação configurada no feito é nitidamente de consumo, de acordo com o artigo 3º do CDC, em conjunto com a súmula 297 do STJ. 2. Sendo de notória percepção a hipossuficiência do consumidor no caso tela e tendo em um dos pólos processuais uma instituição financeira que possui aprimorados recursos para suas transações com os clientes, torna-se obrigatória a inversão do ônus probatório, de acordo com o art. 6º, inc. VIII, do CDC. RECURSO PROVIDO. (Agravo de Instrumento Nº 70031784275, Décima Terceira...
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PEÇA SUA AVALIAÇÃO- Defesa Prática do Consumidor
- Jurisprudências
- Cartão de crédito
- Envio de cartão sem solicitação
- Inadimplemento
- Veículo
- Plano de saúde
- Telefonia móvel
- Defeito
- Acidente automobilístico
- Plano de saúde
- DPVAT
- Veículo
- Danos morais materiais e estéticos
- Banco
- Energia elétrica
- Cheque
- Cheque - agiotagem
- Denunciação da lide
- Seguro
- Do quantum
- Indenização
- Protesto de título
- Domicílio
- Negativa ? seguro de vida
- Propaganda enganosa
- Falha na prestação de serviços
- Informações inadequadas/incompletas
- Negativação indevida
- Ato ilícito ? quantum
- Responsabilidade - concessionária
- Veículo - estacionamento
- Extravio de bagagem
- Prestação de serviços - saque indevido
- Erro médico
- Apontamento indevido - dívida quitada
- Exceção de incompetência
- Repetição de indébito - (íntegra da decisão)
- Perda de uma chance
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