Brazil: Issued ruling in Senacon investigation into Oi, Vivo and TIM for misleading 5G advertisements

On 23 July 2024, the National Consumer Secretariat of Brazil (Senacon) issued a ruling against telephone companies Oi, Vivo, and TIM with a fine of BRL 1.33 million, BRL1.4 million and BRL 2 million respectively for misleading advertisements related to 5G technology. Senacon stated that the telecom companies misrepresented their services as 5G, whereas they were using an inferior 4G technology. Senacon noted that the companies failed to disclose the limitations of the technology, particularly the use of Dynamic Spectrum Sharing and refarming technologies, which offer an inferior version of 5G, contravening the Consumer Defense Code's requirements for clarity and veracity of the information. The ruling also provides that companies can appeal within ten days, in the absence of which the case will be forwarded to the Attorney General's Office of the National Treasury.