School cannot charge late fees for a note in a student's dia
Jan 24, 2024 11:23:21 GMT
Post by messi05 on Jan 24, 2024 11:23:21 GMT
Even if a student's monthly payment is late, the school must ensure the full protection of the student, sparing them the knowledge of default on the part of their guardians. This is the understanding of the judge of the 7th Civil Court of Guarulhos, Felipe Gonçalves, who condemned a school for moral damage for having charged the late installments in a vexatious manner, through the teenager's school schedule. 123RF According to the CDC, consumers cannot be exposed to ridicule or suffer embarrassment when paying debt.
123RF According to the judge, the school's conduct Buy Phone Number List constitutes a civil offense and violates article 42 of the Consumer Protection Code, which determines that the consumer cannot be exposed to ridicule or subjected to embarrassment in order to pay a debt. He also emphasizes that, in cases like this, for there to be a conviction, it is enough to prove the vexatious charge, and it is unnecessary to present any specific proof of the moral harm suffered. According to the student's mother, who filed the lawsuit, the educational institution also forced her to go to the financial department before parent-teacher meetings and denied her access to teaching materials and school report cards.
Although the witnesses called by the plaintiff did not precisely confirm the occurrence of all the conduct mentioned, the simple documentary proof that the charge was made by the agenda already constitutes an offense to the CDC, maintains the judge. The school's argument that there would be tacit consent from the mother, since she responded about the charges in her own diary, is not justified, as the initiative to exchange this type of information through educational material was the school's, says the decision . Felipe Gonçalves' sentence also highlights that the CDC enshrines the idea that the value of human dignity, a principle provided for in the Federal Constitution, is superior to the economic interest of charging the consumer.
123RF According to the judge, the school's conduct Buy Phone Number List constitutes a civil offense and violates article 42 of the Consumer Protection Code, which determines that the consumer cannot be exposed to ridicule or subjected to embarrassment in order to pay a debt. He also emphasizes that, in cases like this, for there to be a conviction, it is enough to prove the vexatious charge, and it is unnecessary to present any specific proof of the moral harm suffered. According to the student's mother, who filed the lawsuit, the educational institution also forced her to go to the financial department before parent-teacher meetings and denied her access to teaching materials and school report cards.
Although the witnesses called by the plaintiff did not precisely confirm the occurrence of all the conduct mentioned, the simple documentary proof that the charge was made by the agenda already constitutes an offense to the CDC, maintains the judge. The school's argument that there would be tacit consent from the mother, since she responded about the charges in her own diary, is not justified, as the initiative to exchange this type of information through educational material was the school's, says the decision . Felipe Gonçalves' sentence also highlights that the CDC enshrines the idea that the value of human dignity, a principle provided for in the Federal Constitution, is superior to the economic interest of charging the consumer.