Among the major online retailers, Amazon and Mercado Livre are the only ones that have not adhered to the rulesAccording to what Anatel reported in a survey conducted between June 1 and 7. It was recorded that 51.52% of devices advertised on Amazon were not approved, while 42.86% on Mercado Livre were not compatible.
Mercado Livre said in a statement that it presented Anatel with a plan to implement measures to limit the sale of unapproved products on June 14. The company also states that once an ad is identified for an infringing product, it deletes it, notifies the seller and may be blocked. Finally, the e-commerce company emphasizes that it maintains its determination to cooperate in “the fight against irregular products.” When contacted, Amazon has not yet commented.
Casas Bahia and Americanas had 7.79% and 22.86% of uncertified cell phones, but they signed a compliance plan with the agency. It is “partially compatible” with Anatel. The other retailers mentioned in the law, Carrefour and Shopee, adhere to Anatel's rules.
In practice, all companies will need to check whether products sold via the marketplace (and, by extension, by third parties) are certified by Anatel.. Otherwise, companies must refuse to accept advertising for the item.
After 15 days of compliance, companies receive a fine of R$ 200,000. With gradual penalties:
- After 10 days, you receive a daily fine of R$1 million and a requirement to remove all device advertisements from the website;
- After 21 days, he receives a daily fine of R$6 million and demands that all advertisements for telecommunications devices be removed from the site;
- After 25 days, the site will stop working.
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