Card operator cannot impose sharing of customer data

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When signing a credit card service contract, the customer has the right to authorize or not authorize the provision of their personal data and financial transactions to other companies, even if they are partners of the administrator. For this reason, the imposition of authorization in a membership contract is considered abusive and violates the principles of transparency and trust in consumer relationships. reproduction Providing customer data without authorization is illegal, STJ decided. The unanimous understanding is that of the 4th Panel of the Superior Court of Justice in recognizing the abusive nature of the clause providing registration information in adhesion contracts for credit card services offered by a financial group.

By exposing data about your financial life, a huge Germany Phone Number range of intrusions into the consumer’s life opens up. Your habits are known, your way of living and the way your money is spent are monitored. Therefore, real and spontaneous authorization regarding this exhibition is essential”, stated the rapporteur of the special appeal, minister Luis Felipe Salomão. The public civil action against the banking group was proposed by the National Association for the Defense of Citizenship and Consumers. According to the entity, the financial institution inserted an abusive clause in its contracts that authorized the transfer of registration information to partner companies.



The abusive nature of the contractual provision was recognized by the first instance judge, who ordered the bank to remove the clause from its contracts and prohibited it from providing similar compulsory authorizations. Regarding the abusive nature, the sentence was upheld by the São Paulo Court of Justice. Through a special appeal, the banking group claimed that consumers, when signing membership contracts, expressly authorize the provision of non-confidential data, which would mischaracterize any violation of their privacy. Minister Luis Felipe Salomão highlighted that, among the basic consumer rights, protection against abusive clauses in the supply of products and services is one of the most important provided for by the Consumer Protection Code.