Brazil: Issued ruling in appeal over lawsuit against Amazon regarding online advertisements (Trindade de Carvalho v Amazon Services)

On 29 September 2023, the 2nd Specialized Panel of the Federal Court of Appeals of Brazil rejected an appeal submitted by Amazon Services and upheld a lower court’s decision ordering the company to comply with its obligation to deliver a product at the advertised price and payment method published on its platform. In particular, the claimant ordered a laptop on Amazon, but after paying the advertised amount, the order was cancelled. Later, the exact product was offered at a higher price on the website. The Panel determined that online advertisements bind the seller to the terms of the offer, and a refusal from the seller to comply with the terms constitutes a misleading and abusive practice that breaches the Consumer Protection Act.