It is the charge of the creditor the withdrawal of the consumer name entered into the credit protection bodies. This was the decision made by the 4th class of the Superior Court of Justice, dismissing the aggravation in a special appeal brought by a financial institution (ARESP 307.336 / RS).

The Minister Luis Felipe Solomon, a rapporteur of the case, highlighted the lack of immediate correction of the records of information and misleading data on consumer, with a view to Articles 43, § 3, and 73 of the Code of Defense Consumer.

As a consequence, the condemnation of the recurring company was maintained for the payment of R $ 5,000.00 for moral damage to maintaining consumer name in credit protection registrations. Accompanied the rapporteur the ministers Raúl Araújo, Marco Buzzi, Antônio Carlos Ferreira and Maria Isabel Galloti.