In a recent decision, the Superior Court of Justice (STJ) ruled that marketplace websites cannot be held responsible for fraud occurring in the purchase of a product advertised on the platform but negotiated informally outside of it.
As a rule, the Brazilian judiciary tends to hold digital commerce websites responsible for user fraud in the sale of products advertised on their domains, regardless of the company’s fault.
However, according to the STJ’s new position, marketplace liability requires that the transaction occurs through its platform, not being enough for the consumer to have only found the ad through the website.
To avoid penalties or ban on digital commerce sites, it’s common for fraudsters to use the marketplace only to publish the false ad, continuing the negotiation through external channels.
From the perspective of the recent STJ decision, this does not constitute a security flaw on the company’s part, as the negotiation took place outside its virtual environment.
Although it sets a favorable precedent for digital platforms, companies must act with caution and proactivity, seeking to prevent such practices in their terms of use, as well as clearly guiding their users through other means.
