BYD Brazil was sentenced by the Maranhão Court to pay R$ 1.2 million in collective moral damages. This conviction stems from allegations of misleading advertising, failure in the duty to inform, and omission during the pre-sale of the BYD Dolphin Mini model, which took place in February 2024.
The reservation campaign began on February 25, 2024, when the brand allowed deposits of R$ 10,000 without specifying the vehicle's price. On social media, information circulated indicating that the electric car would cost R$ 99,800 or R$ 89,800 for early buyers.
More than 6,100 individuals made reservations, totaling approximately R$ 61 million in financial movement. However, at the official launch, held three days later, the established price was R$ 115,800, representing an increase of almost 29% compared to the speculated minimum value.
During the instructional hearing, a BYD representative confirmed that the company hired only presenter Luciano Huck to promote the reservation period without disclosing the price. However, Douglas Vernete, manager of one of the brand's dealerships, confessed to sharing videos containing the speculated values, which were below R$ 100,000.
Digital influencer Gustavo Teixeira stated that the automaker was aware of the dissemination of these values but did not contact them to make corrections. The judge considered that the manager did not act as a mere external speculator but rather as an agent of the manufacturer, implying BYD's responsibility.
In the sentence, the magistrate pointed out that consumers were 'induced by the automaker's eloquent silence on the price of a highly desired product.' He also assessed that the benefits offered at the launch, such as the R$ 10,000 bonus and the wallbox charger, reinforced the abusive practice, as 'the supplier, by requiring the consumer to accept a much higher final price under the risk of losing purchase priority and facing difficulties with deposit reimbursement, engaged in conduct that violates good faith and equity.'
In its defense, BYD argued that the disclosed values were mere 'market speculations' made by third parties, that the bonus and charger constituted promotions, and that the 1,182 customers who canceled had their deposits fully refunded. The company also contested the jurisdiction of the Maranhão Court, alleging that only 204 reservations originated from the state, but this thesis was rejected.
The judge denied the company's request to be forced to sell the car at the prices of R$ 89,800 or R$ 99,800, since such prices never part of the official offer. The compensation amount was less than the R$ 12 million sought by Procon and the up to R$ 2 million suggested by the Public Prosecutor's Office, due to the quick refund of deposits, which mitigated the damage. This amount will be allocated to the State Fund for the Protection of Diffuse Rights.
The decision guarantees those who reserved the car between February 25 and 28, 2024, the right to purchase it at the official price of R$ 115,800, including bonuses and the wallbox. After the final judgment, BYD will have 30 days to establish a service channel that guarantees the deposit refund within five business days.
In a statement to the newspaper O Imparcial, BYD expressed respect for the Judiciary but defended that the interpretation of the lack of information and collective damage needs revision, stating that the imposed conditions are the same applied by its network during the campaign. The automaker announced that it will appeal the sentence issued by Judge Douglas de Melo Martins, of the Court of Diffuse and Collective Interests of São Luís.