The São Paulo consumer protection agency, Procon-SP, has once again notified Nintendo regarding practices considered abusive in its digital service contracts, such as the unilateral cancellation of subscriptions. The consumer protection agency questions the company's lack of formal representation in the country, thus compromising the rights of Brazilian users and hindering conflict mediation. This episode reignites the debate about consumer vulnerability when faced with foreign platforms operating in Brazil without complying with local legal requirements.
According to Procon-SP (São Paulo's consumer protection agency), Nintendo has imposed clauses that violate the Consumer Protection Code. Some of these clauses specifically relate to the termination of services without justification. Without a legal basis in Brazil, the Japanese company does not offer direct channels to resolve recurring problems, preventing consumers from fully and quickly accessing their rights.
Nintendo's lack of a CNPJ (Brazilian tax ID) and physical headquarters hinders the application of Brazilian law
Foreign companies operating digitally in Brazil without formal registration create obstacles for consumer protection agencies. Without a CNPJ (Brazilian tax ID), business address, or established legal representative, these companies are not subject to the penalties stipulated by law. In the case of Nintendo, Procon-SP (the São Paulo consumer protection agency) had to contact the company's headquarters abroad directly to handle the notification, a process that, in addition to being time-consuming, is legally limited.
According to the director of customer service at Procon-SP (São Paulo's consumer protection agency), the existence of local representation should be an important criterion for consumers when making their choice. Besides guaranteeing access to support in case of problems, this structure enables the legal action of Brazilian agencies. Without it, any attempt at mediation becomes weak, and consumers are left without assistance.
International trade is growing, but security remains weak
With the increasing popularity of foreign marketplaces and digital subscription services, there is also a growing number of Brazilians who purchase products and use platforms without checking the legal standing of the companies. This behavior, while practical and often economical, exposes consumers to high risks: lack of technical support, improper charges, lack of refunds, and the inability to seek recourse through the Brazilian justice system.
Furthermore, increased taxes such as the IOF (Tax on Financial Operations) and new import taxation rules further hinder access to fair solutions. In practice, consumers pay more and have fewer guarantees, an unfavorable scenario that can lead to losses even on low-value purchases.
Procon-SP advises consumers to verify legal backing before making a purchase
Given these risks, Procon-SP (São Paulo's consumer protection agency) emphasizes the importance of verifying whether a company is registered in Brazil before completing any online transaction. Information such as a CNPJ (Brazilian tax ID), physical address, and customer service channels should be mandatory for secure purchases. This practice applies to both product stores and entertainment platforms, apps, and subscription services.
The agency also recommends that any irregularities be reported through the official Procon-SP website. The more complaints that are registered, the greater the pressure will be on foreign companies to comply with national legislation and take responsibility for the service they provide.
Proposals for regulation are advancing in the National Congress
The Nintendo case is one of several recent examples that have pressured Congress to discuss stricter regulations for foreign companies operating in Brazil. There are draft laws seeking to prevent the operation of digital platforms that do not have headquarters or legal representation in the country, especially when they involve data collection, e-commerce, or the provision of ongoing services.
Until these measures come into effect, consumers should be aware of what lies behind the user-friendly interface of international apps and websites. The most attractive price may hide the absence of basic guarantees, such as exchanges, refunds, or even customer service in Portuguese.
