The enforcement of terms and conditions when users and consumer violate them may be challenged in Court.

In this recent case from Brazil, the court ruled that the enforcement render a console inoperative and useless, therefore, the enforcement was unjust, abusive and excessive for the consumer, as he had no chance to defend his case.

The case has been appealed, but it raises the questions: when and how can companies enforce terms and conditions?

A judge from the Small Claims Court in the State of São Paulo has ruled that a console operator cannot permanently lock the console in case of a user’s violation of the Terms and Conditions. According to the court’s ruling, under the Consumer Defense Code, blocking the user’s ID, even if established in the Terms and Conditions, may be considered as an abusive penalty since the user has no opportunity of defense nor the opportunity to remediate their fault.