Settlement prohibits collection of PIS / COFINS consumer

adrielecm@hotmail.com

Recognized the improper charging of PIS / COFINS imposed by the telephone company and electric power to its customers. It was the transfer of tax collections that are within the competence of the service (related to your monthly billing) and that consumers unknowingly pay on their monthly phone bills. There was even a breakdown of such charges, which withdrew the science of the client and to pay them.

Faced with this reality, injured consumers sue requiring the return of amounts paid in error, behold, the collection proved to be unlawful, abusive, bringing excessive burden to the consumer.

Moreover, as this is a public service provider, the licensee shall be subject to the principle of legality, ie,
can only act when the law allows it, which is not the case with the collection of PIS / COFINS.

With the recognition of the vulnerability of consumers who suffer from the excesses of service providers, the ratio of consumption should be balanced in order to enforce the return of amounts paid in monthly invoices.

Regarding the statute of limitations for the return of the amounts, apply the general rule of 10 years to calculate the value. Still, there to claim the double repetition of the magpie, depending on interpretation of the Code Protection
The consumer.

Therefore, it is the aggrieved consumer to seek the return of the amounts unduly paid, through their professional confidence.