In brief
Human customer service guaranteed from 8 am to 8 pm, every day. Maximum wait time of 20 seconds on the phone. Immediate cancellation at any stage of the service interaction. These are some of the new requirements introduced by Decree No. 13,135, dated 9 October 2026, published in the Federal Official Gazette on 13 October 2026, which establishes new guidelines and standards for Customer Service (SAC) and repeals Decree No. 11,034/2022.
The regulation also expressly authorizes the use of artificial intelligence in customer service, provided that the consumer may, at any time, choose to speak with a person, and creates a specific reporting obligation to the National Consumer Secretariat (SENACON) for digital intermediation platforms, ride-hailing apps, and delivery services. The Decree takes effect twenty days after its publication.
Who is subject to the new rules
Pursuant to Article 1, sole paragraph, the Decree applies to suppliers:
- Regulated sectors: products and services regulated by the federal executive branch that meet the criteria established by the competent regulatory agency or body
- Digital financial services: those that offer or provide, through platforms or other digital means, financial, payment, credit, or other services of a financial nature to consumers, and that are subject to regulation or supervision by the Central Bank of Brazil
In addition, Article 2 stipulates that digital platforms that act as intermediaries in the offering or sale of products or services by third parties, in the provision of private, for-hire passenger transportation, or in the delivery of products or goods must submit to SENACON, in the manner and within the timeframe to be established, their customer service policies, accompanied by, at a minimum: (i) the number of complaints related to customer service; (ii) the complaint resolution rate; (iii) the number of complaints filed with agencies of the National Consumer Protection System (SNDC) and the competent regulator, if any; and (iv) the level of consumer satisfaction. SENACON will evaluate these policies and may adopt the necessary measures to ensure the adequacy and effectiveness of customer service.
Key changes
The Decree establishes new rules for digital and telephone customer service channels. Covered providers must ensure the continuous availability of electronic channels, as well as service provided by a human agent during specified periods, even when automated procedures or artificial intelligence systems are used.
For telephone customer service, the regulation sets forth specific parameters regarding availability, wait times, and the return of interrupted calls. The Decree also limits the number of levels in service workflows and restricts the transfer of consumers between different channels, reinforcing the need for simpler and more effective service journeys.
Consumers must be guaranteed access to human assistance and the option to cancel throughout the customer service journey, including from its very beginning. The Decree further expands the rules governing the receipt and processing of cancellation requests, which must be available through the Customer Service Center (SAC) and the channels used for contract signing.
Finally, the Decree establishes obligations regarding the retention of service history and call recordings, which must be made available upon request by the consumer or the competent authority. It is important for companies to review their internal procedures and retention policies and update their privacy policies to address these obligations.
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*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.