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The 3rd Appeals Panel of the Small Claims Courts of the Federal District upheld the ruling that ordered Tim to pay damages to a consumer who received 84 collection calls within a 15-day period. The panel noted that the undue, repeated, and abusive collection constitutes a tort.
The plaintiff states that she is a customer of the company and has a history of paying her bills regularly and regularly. She explains that in February 2025, she began receiving daily collection calls for an alleged debt attributed to a third party. According to the plaintiff, in two weeks, there were 84 calls identified as being made by the defendant company, in addition to calls from other numbers seeking debt collection. She adds that the calls continued despite a request to stop the calls and a complaint filed on the "Reclame Aqui" portal. She claims that the calls go beyond mere annoyance and requests compensation. When analyzing the appeal, the Panel noted that the defendant made approximately 84 calls to the plaintiff's cell phone over a 15-day period to collect a debt owed to a third party. The panel noted that some of these calls were made on weekends and outside of business hours.
For the Panel, in this case, "the defendant's failure to provide the service is unequivocal." "The undue, repeated, and abusive billing constitutes an unlawful act, giving rise to the duty to compensate the consumer for moral damages," it stated. Regarding registration on the "Do Not Disturb" platform, the panel explained that "it is optional and does not exempt the company from its legal obligation to correctly identify call recipients, under penalty of committing abusive practices."
Therefore, the Panel upheld the ruling that ordered Tim to pay the plaintiff R$2,000 in moral damages.
For more information, see case number 0723775-12.2025.8.07.0016.
Source: TJDFT News.
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