Brazil: Bill No. 423/2026 prohibiting retention of consumer payments by digital order intermediation platforms was introduced to Chamber of Deputies

On 10 February 2026, Bill No. 423/2026 on the prohibition of retention of amounts paid by consumers on digital order intermediation platforms was introduced to the Chamber of Deputies. The Bill would prohibit digital order intermediation platforms, including food delivery and marketplace applications that intermediate orders between consumers and commercial establishments, from retaining payments where the establishment is closed at order confirmation, unable to fulfil the offer, or cancels due to service unavailability. Charging the consumer in such circumstances would constitute an abusive practice under the Consumer Defence Code (Law No. 8.078). The Bill would require platforms to implement automated real-time verification of an establishment’s operational status before order completion or payment authorisation and, where fulfilment is not possible, to issue an immediate automatic refund to the original payment method within one hour and clearly inform the consumer. Conversion of refunds into internal credits or coupons without express consumer consent would be prohibited. Platforms would be jointly and severally liable with establishments for consumer damages under Article 7 of the Consumer Defence Code, and non-compliance would trigger sanctions under Article 56, including administrative fines, collective moral damages, and temporary suspension of activities in cases of recidivism.