Brazil’s Net ordered to pay compensation for poor broadband speeds

Brazil’s largest pay TV operator Net has been ordered to pay back R$ 5,000 (USD 1,225) to two customers for providing poor broadband speeds. In addition, one of the affected persons will receive compensation for material damages, which consist in the restitution of the amount paid between March 2014 and January 2015.
The Civil Chamber of the Court of Justice of Rio Grande do Sul confirmed the sentence issued at first instance. According to the analysis of speed measurement, the company did not offer the equivalent of 10% of the speed the clients subscribed for, according to Conjur (Legal Consultant) werbsite.
According to the information, the affected people faced “instability in the system” for more than three years, without the problem being adequately resolved. Judge Michel Martins Arjona, explained that Brazilian regulator Anatel established in 2014 that Internet operators must guarantee monthly an average of 80% of the speed contracted by the user, and the ‘instantaneous speed’ (that is, the speed evaluated in a measurement) must be at least 40% .
The judge explained that in the event that an operator delivers for just a few days only 40% of the speed contracted, the rest of the month must deliver higher speeds in order to reach 80%.