DOM 19 DE MAYO DE 2024 - 20:53hs.
ACP lawsuit has request for emergency relief

MPF adjudicates action so that Caixa no longer requires a minimum of R$ 30 for online bets

Brazil’s Federal Public Ministry (MPF) filed a Public Civil Action so that Caixa immediately ceases to require a minimum amount in online lottery bets while the pandemic lasts. For prosecutors, the rule leads consumers to gather in lottery shops. Caixa currently requires that online bets have a minimum value. In lottery stores, on the other hand, it is possible to place bets on games at a much lower price. For example, a person who chooses the Mega Sena can play a game of six tens for R$ 4.50 (US$0.85).

On Thursday (11), the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP), with a request for emergency relief, so that Caixa immediately refrains from demanding a minimum amount in lottery bets carried out online, while the pandemic lasts.

Currently, the bank requires a minimum amount of R$ 30 (US$5.60) to place bets. In lottery shops, on the other hand, it is possible to make purchases of whole tickets or fractions at a substantially lower price, such as the case of the Mega-Sena, which can be purchased from R$ 4.50 (US$0.85). Thus, to buy lottery games through the online channel, the consumer needs to buy more than one ticket or get several fractions, in order to comply with the mentioned minimum limit.

Asked by the MPF, Caixa informed that virtual bets have a higher operating cost and that, therefore, the collection of a minimum amount would be justified. Initially, the bank even informed that it had been carrying out studies to analyze the possible reduction of the minimum limit for online bets. However, in a later letter, it reported that the new studies found that the operating cost should be maintained and, therefore, it would not be possible to reduce the minimum limit imposed.

As a result, the MPF also requests, at ACP, that Caixa be determined to present in court all the data regarding the operational cost of virtual lottery services, demonstrating, by means of a comparative table, the difference between the costs of face-to-face service and on-line lottery, regarding betting.

For the Attorney of the Republic in Goiás, Mariane Guimarães de Mello Oliveira, the bank's conduct constitutes an abusive practice of minimal consumption and violates the principle of equality due to the great difference in the sale of tickets between the physical and the online channel.

“Caixa treats consumers of the same product or service in a different way and without plausible justification, provided by itself, making it unfairly difficult for consumers in need to access the virtual option,” explains the prosecutor. She also recalls that social detachment is an extremely necessary practice to contain the spread of the new coronavirus and that the requirement of a minimum value of R$ 30 for online betting can considerably increase crowds in lottery shops.

In case of non-compliance, the MPF asks for a daily fine of R$ 5 million to be applied to the bank.

Caixa claims higher costs

Before filing the lawsuit, the MPF questioned Caixa about the differences. The bank responded that virtual betting has a higher operating cost. Thus, it stated that charging a minimum amount would be justified.

Initially, the bank informed the MPF that it had been carrying out studies to analyze the possible reduction in the minimum limit for online bets. However, the bank reported, in a later letter, that the new studies found that the operating cost should be maintained. Thus, Caixa claimed that it would not be possible to reduce the minimum limit.

As a result of this, the MPF also requests, in the public civil action, that Caixa be ordered to present in court all data referring to the operational cost of virtual lottery services. The request is that it demonstrate, in a comparative table, the difference between the costs of face-to-face and online betting services. The argument is curious, since most banks have been investing in virtual assistance to the detriment of face-to-face service, exactly to reduce their costs.

Source: GMB