Civil action against AFTB | The Industry Deception?
Two weeks ago, the player Roberto brought news to post comments field "Discussion - AFTB" of this blog. The contents club41 of the news reports that the Public Ministry of the State of Rio de Janeiro, through public civil action Consumerista, obtained an injunction to close the OSCIP Association Fruits of the Earth Brazil (AFTB), on the grounds that the "company that promised credit real estate at low interest rates, but had no own resources and worked pyramid system "and the claim that it violates the right of the consumer. This news can be checked here. Since we consider of paramount importance that news (which would inevitably hidden in the comments field and leave many unsuspecting club41 citizens who are knowing the proposal AFTB or are already members who contribute monthly) decided to highlight club41 the main points and conclusions of the Public Civil Action consumerist RJ MP against AFTB, and then some comments about the action and the progress.
THE PUBLIC MINISTRY OF RIO DE JANEIRO club41 STATE, through the public prosecutor that the end supports, come respectfully club41 before Your Excellency, and fulcrum of Law 7,347 / 85 and 8,078 / 90, the competent judge
2) CARLOS ALBERTO LILIENTHAL Rotermund, Brazilian, married, social entrepreneur, CPF under No. 400411070-04 and RG No. 10162368-36 resident in Baru Street, No. 102 - Garden Petrópolis, São Paulo - SP;
2) With 10,000 enrolled families, begins the search club41 for private sponsorship, the details of the sponsorship program began in March 2009, along with capacity building training to associates who volunteered to operate the sponsorship program (...) .
That is, after promising a dream home to 10,000 or 50,000 unwary, and them receive payments monthly, is that the defendant will begin the search for resources to pay for their promises. The outcome is predictable ...
So besides having a volume of receipts that does not allow it to perform the bulky offers made, the defendant still spends resources to reward club41 associates who can new members. Therefore clear that the purpose of the defendant is not fulfilling the promises made, but quickly co-opt a maximum number of members.
It characterized the scheme held by the defendant Association club41 as a non-sustainable system because the defendant charges small amounts of consumers (insufficient to finance the purchase of real estate, but which generate huge losses for low-income people) with the promise of future loan in cash to acquire the associated property, the interest 0% (zero percent). But it does not have the funds to finalize the loan, nor sponsors to fund the amounts required to settle a property.
All these facts clearly characterize the blow of the pyramid, which is a non-sustainable commercial scheme that basically involves the exchange of money by recruiting others into the scheme, without any product or service is delivered.
The basic idea behind the move is that the person makes a single payment, or multiple payments at low cost, but receives the promise that somehow, you will receive exponential benefits as a reward.
Clearly, the fundamental flaw is that there is no end benefit; the money simply goes through the chain, and only the creator of the hit wins, cheating his followers. Indeed, people in the worst situation club41 are those of the bottom of the pyramid: those who signed the plan, paid to become members of the Association, but are not able to recruit any other followers and can not receive the much desired commodity.
Just the analysis of this advertising material and the testimony of the injured representative to conclude that it is all a con. He offered club41 to finance consumer-consortium to own a home, he presented himself club41 in the consumer market as a less bureaucratic club41 and simplified form of consumer credit / consortium that needed no warranty, exonerated the consumer interest payment, needed no proof of income, but in reality it is a scam.
The facts narrated, with the execution of unlawful acts, leading to the appropriateness of piercing the corporate veil pursuant to art. 28 of the Consumer Protection Code, to hold the second defendant for the obligations assumed by the Association Fruits of the Earth Brazil, being its managing partner.
It happens that the narrated facts make no doubt the wide array of defendants to evade the duty to fulfill the obligations avençadas with consumers. There are so concrete threat of diversion or squandering of property belonging to the defendants, preventing the compensation club41 to consumers. Need to do, therefore, the declaration of availability of all goods integr
Two weeks ago, the player Roberto brought news to post comments field "Discussion - AFTB" of this blog. The contents club41 of the news reports that the Public Ministry of the State of Rio de Janeiro, through public civil action Consumerista, obtained an injunction to close the OSCIP Association Fruits of the Earth Brazil (AFTB), on the grounds that the "company that promised credit real estate at low interest rates, but had no own resources and worked pyramid system "and the claim that it violates the right of the consumer. This news can be checked here. Since we consider of paramount importance that news (which would inevitably hidden in the comments field and leave many unsuspecting club41 citizens who are knowing the proposal AFTB or are already members who contribute monthly) decided to highlight club41 the main points and conclusions of the Public Civil Action consumerist RJ MP against AFTB, and then some comments about the action and the progress.
THE PUBLIC MINISTRY OF RIO DE JANEIRO club41 STATE, through the public prosecutor that the end supports, come respectfully club41 before Your Excellency, and fulcrum of Law 7,347 / 85 and 8,078 / 90, the competent judge
2) CARLOS ALBERTO LILIENTHAL Rotermund, Brazilian, married, social entrepreneur, CPF under No. 400411070-04 and RG No. 10162368-36 resident in Baru Street, No. 102 - Garden Petrópolis, São Paulo - SP;
2) With 10,000 enrolled families, begins the search club41 for private sponsorship, the details of the sponsorship program began in March 2009, along with capacity building training to associates who volunteered to operate the sponsorship program (...) .
That is, after promising a dream home to 10,000 or 50,000 unwary, and them receive payments monthly, is that the defendant will begin the search for resources to pay for their promises. The outcome is predictable ...
So besides having a volume of receipts that does not allow it to perform the bulky offers made, the defendant still spends resources to reward club41 associates who can new members. Therefore clear that the purpose of the defendant is not fulfilling the promises made, but quickly co-opt a maximum number of members.
It characterized the scheme held by the defendant Association club41 as a non-sustainable system because the defendant charges small amounts of consumers (insufficient to finance the purchase of real estate, but which generate huge losses for low-income people) with the promise of future loan in cash to acquire the associated property, the interest 0% (zero percent). But it does not have the funds to finalize the loan, nor sponsors to fund the amounts required to settle a property.
All these facts clearly characterize the blow of the pyramid, which is a non-sustainable commercial scheme that basically involves the exchange of money by recruiting others into the scheme, without any product or service is delivered.
The basic idea behind the move is that the person makes a single payment, or multiple payments at low cost, but receives the promise that somehow, you will receive exponential benefits as a reward.
Clearly, the fundamental flaw is that there is no end benefit; the money simply goes through the chain, and only the creator of the hit wins, cheating his followers. Indeed, people in the worst situation club41 are those of the bottom of the pyramid: those who signed the plan, paid to become members of the Association, but are not able to recruit any other followers and can not receive the much desired commodity.
Just the analysis of this advertising material and the testimony of the injured representative to conclude that it is all a con. He offered club41 to finance consumer-consortium to own a home, he presented himself club41 in the consumer market as a less bureaucratic club41 and simplified form of consumer credit / consortium that needed no warranty, exonerated the consumer interest payment, needed no proof of income, but in reality it is a scam.
The facts narrated, with the execution of unlawful acts, leading to the appropriateness of piercing the corporate veil pursuant to art. 28 of the Consumer Protection Code, to hold the second defendant for the obligations assumed by the Association Fruits of the Earth Brazil, being its managing partner.
It happens that the narrated facts make no doubt the wide array of defendants to evade the duty to fulfill the obligations avençadas with consumers. There are so concrete threat of diversion or squandering of property belonging to the defendants, preventing the compensation club41 to consumers. Need to do, therefore, the declaration of availability of all goods integr
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