A Black Friday has become one of the biggest consumer dates in Brazil, but more than just a season of discounts and big sales, this period requires extra attention to consumer rights. The date, adopted by Brazil in 2010, is a phenomenon imported from the United States, where it has existed since the 1960s, turning the end of November into a period of intense competition between shopkeepers, aggressive promotions and stock burning.

However, along with opportunities come challenges. A Black Friday is known for its large number of offers and also for the presence of misleading practices that put consumers at risk. As a result, bodies such as Procon and National Consumer Secretariat (Senacon) closely monitor the market to prevent abuse and protect consumers. Procon, for example, publishes an annual list of online stores to avoid, updating it with companies that have already registered fraudulent practices in past editions of Black Friday.

Consumer rights on Black Friday: the main precautions

To ensure that purchases are made safely and avoid future problems, companies need to carefully observe the Consumer Protection Code (CDC), which establishes important guidelines to protect the end customer and avoid abusive or illegal practices. Below are the main points to be observed for a safe Black Friday:

Avoiding "Black Fraud" (Articles 37, 66 and 67 of the CDC)

The term "Black Fraud" is used to describe cases in which prices are made up or there is a lack of transparency in promotions. It is common, for example, for companies to raise the price of products before Black Friday, and then apply a fictitious "discount" which, in reality, corresponds to a higher or equal price than the original. This type of practice is considered a crime by the CDC, which provides for imprisonment of up to one year for the practice.

The law also prohibits any abusive or misleading advertising, divided into two specific concepts:

• Abusive advertising: includes actions that encourage violence, promote discrimination, disrespect the environment or use children's lack of discernment, among other aspects.
• Misleading advertising: is advertising that is wholly or partially false, which even by omission can mislead the consumer into purchasing products or services.

Prohibition of tie-in sales (Article 39 of the CDC)

The CDC prohibits practices such as tie-in sales, which make the supply of a product or service conditional on the supply of another product or service.

Clear and precise information (Article 31 of the CDC)

Transparency is essential. The description of products and services must be complete and detailed, clear, precise and in Portuguese. Any risk the items pose to the consumer must also be indicated.

Respecting deadlines and complying with offers (Articles 35, 39 and 56 of the CDC)

Failing to set a deadline for delivering what you bought is an abusive practice and subject to administrative penalties. Respecting the delivery deadline and honoring the advertised price are also legal obligations. If delivery is not possible for any reason, the CDC offers consumers three options: demand forced fulfillment of the agreement, accept another equivalent product or terminate the contract with a refund of the amount paid and the right to compensation for any damages.

The importance of an ethical and transparent Black Friday

Promoting a safe and compliant Black Friday is essential for companies that want to maintain a good relationship with their customers and avoid legal penalties. A commitment to transparent and ethical practices is both a way of strengthening consumer confidence and ensuring that the company is not on lists of stores with questionable practices, such as the one published by Procon. By acting responsibly, companies can take advantage of the period to build customer loyalty, as they will feel respected and supported in their purchases.

This respect for consumer rights and the effort to maintain an ethical and legal stance are differentials that contribute to success on Black Friday and help build a long-term relationship between companies and their customers.