THE LIMITATION OF MOBILE INTERNET DATA PACKAGES AS A VIOLATION OF THE PRINCIPLE OF CONSUMER TRANSPARENCY

Abstract

The present work aims to highlight the framework of contracts of mobile internet data packages in the molds of the contemporary species of electronic consumer contracts, as well as highlight the importance of consumer protection in such contractual species, considering that , in the face of the massification of legal relations in modernity, the abusive practices practiced by suppliers are increasingly commonplace, and in mobile internet contracts, the most common abusive practice is violation of the principle of transparency in consumer relations, with a view to the limitation of data packets without proper communication to the consumer, the central theme of this study, which reveals and justifies a research before a contemporaneity of the subject debated. The accomplishment of the article was based on a doctrinal framework, by means of specialized bibliography on the topics addressed, as well as information contained in electronic websites of governmental entities or companies specialized in the subject addressed, and also practical reflections of the subject before the presentation of judgments from the nacional courts. It is concluded, therefore, after analyzing similar cases with regard to fixed Internet contracts and recent case law concerning the mobile internet, that the limitation of mobile internet data packet plan is a true violation of consumer principles when not communicated to the consumer clearly and accurately at all stages of the contractual relationship, revealing undisputed abusiveness.