2023-06-13 22:00:11
Resolution No. 3,919 of the Central Bank of Brazil (BC) – which consolidates the rules on the charging of fees for the provision of services by financial institutions – was published in 2010, but has only now gained repercussions on networks.
The movement accompanied a publication by Nathalia Rodrigues de Oliveira, a producer specializing in finance and member of the Council for Economic, Social and Sustainable Development of President Luiz Inácio Lula da Silva (PT), known on the internet as Nath Finance.
In her publication, Nathalia explains about the BC’s resolution and teaches her followers to ask for the refund of fees linked to the current account.
What does the Central Bank resolution say?
The BC rule deals with the collection of a series of services provided by financial institutions. In addition to those characterized as essential and for which tariffs are prohibited, the main services covered by the resolution are:
- Priority services: those related to deposit accounts, fund transfers, credit and leasing operations;
- Special services: those whose specific legislation and regulations define the rates and conditions under which they are applicable, such as services related to rural credit, the Housing Financial System (SFH) and the FGTS, for example;
- Differentiated services: those related to subscription allowance; amendment of contracts; administration of investment funds; safe rental; endorsement and surety; assessment, reassessment and replacement of goods received as collateral; exchange; charge and recharge of prepaid card, as defined by current regulations, charged from the holder of the contract; differentiated credit card; digital certificate, among others.
In addition, the resolution also determines that the charging of fees for the provision of services by financial institutions must be “provided for in the contract” or have been previously authorized or requested by the customer or user.
Which services are considered essential and are prohibited by BC
According to the resolution, more than ten services provided by financial institutions are characterized as essential and have tariffs prohibited by the monetary authority.
Among the free services that should be offered by banks for checking accounts are:
- Providing a card with a debit function;
- The supply of a duplicate of the debit card, except in cases where the request is due to loss, theft, damage or other reasons that are not the responsibility of the institution;
- Up to four withdrawals per month, including by check or single check;
- Carrying out up to two transfers of funds per month between accounts at the institution itself;
- The supply of up to two extracts per month, containing the movement of the last 30 days;
- Carrying out queries on the internet;
- The provision of a consolidated statement, offered annually, in which it indicates the amounts charged in fees, interest, late payment charges, fines and other expenses incurred on credit operations and leasing;
- Check clearing;
- The supply of up to 10 check sheets per month, provided that the account holder has the necessary requirements for use; It is
- The provision of any service by electronic means, in the case of accounts that can only be used exclusively by these means.
Among the free services that should be offered to savings accounts are:
- Providing a card with a movement function;
- The provision of a duplicate of the card, except in cases where the request is due to loss, theft, damage or other reasons that are not the responsibility of the institution;
- Up to two withdrawals per month;
- Up to two transfers per month to a deposit account of the same ownership;
- The provision of up to two statements per month containing the movement of the last 30 days;
- Carrying out queries on the internet;
- The provision of a consolidated statement, offered annually, in which it indicates the amounts charged in fees, interest, late payment charges, fines and other expenses incurred on credit operations and leasing; It is
- The provision of any service by electronic means, in the case of accounts that can only be used exclusively by these means.
It is worth pointing out that the use of these services beyond the limits established by the Central Bank may be charged by banks.
What are consumer rights and the duties of financial institutions
According to Poliszezuk Advogados lawyer, Stephanie Christine de Almeida, the first requirement assigned to financial institutions is clear and transparent communication of the services provided and the fees associated with them.
“In addition, when the customer opens the checking account, the bank also needs to advise that there is a basic package, which is free, and inform the values of the other packages and the conditions under which the fees are applied”, says the specialist.
And it is exactly the absence of this information when opening the account that ends up interfering with consumer rights.
According to Almeida, this right is safeguarded by Article 14 of the Consumer Defense Code (CDC), which states that it is the service provider who is responsible, regardless of fault, for repairing damages caused to consumers as a result of insufficient information or inadequate.
“In the specific case of bank fees, the damage caused was not informing that there is the possibility of obtaining that same service for free”, says the lawyer, reiterating that, in these cases, the consumer has the right to ask for reimbursement of up to five years back.
“That is, if the person found out in June 2023 that he was paying for a service that is also offered free of charge, he can ask for reimbursement of the amounts paid since June 2018”, he adds.
How to request a refund of fees
In a note, Banco do Brasil, Bradesco, Itaú and Santander reported that joining or migrating to the free essential services package can be done through digital or physical channels, at any time. The institutions also highlighted that reimbursement requests are evaluated on a case-by-case basis.
The lawyer at Poliszezuk Advogados also warns that, if the client is entitled to reimbursement and the bank refuses to refund or returns only part of the amount owed, it is possible to file a formal complaint with the Central Bank.
“The Central Bank is responsible for overseeing these financial institutions and, in these cases, it is up to an administrative complaint to the monetary authority. But if even making the complaint the institution has not yet resolved the case, the orientation is to file a lawsuit”, he adds.
See the step-by-step process to file a complaint with BC:
- Go to the municipality’s website;
- Click on the “My BC” link, present in the “Services” section;
- Select the option “Complaint against banks and other financial institutions”;
- Click on the “Register Complaint” tab;
- Login with your Gov.br account (If you don’t have one, see how to do it here);
- Fill in the information and submit the form.
What the Central Bank says on the subject
In a note, the Central Bank stated that opening and maintaining a relationship with the financial institution is a decision of the customers and the bank and that, in this sense, this relationship is governed by the CDC.
The municipality also reiterated the right of customers to certain free services, reiterating that “depending on the use they intend to give to the account, the customer can choose to contract a package of services, in order to reduce their total cost of use”.
Also according to the BC, the customer may, at any time, terminate the contract for the package of services, returning to the previous situation, that is, to have access to the package of free essential services and to be charged for any use above the established quantities. by Resolution No. 3,919.
“If for any reason the customer feels aggrieved in this relationship – for example, by undue charging of a fee or fee package – he can contact the institution directly (SAC and Ombudsman) and request a refund. If the problem is not resolved, he can seek the Judiciary or consumer protection services (Procon and consumer.gov.br). In addition, it is possible to register a complaint with the Central Bank”, he added in a note.
With information g1
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