Lights Out, Rights On: How to Secure Compensation for Blackouts

In recent months, Greater São Paulo has faced a series of blackouts that have resulted in significant losses for residents and businesses. Many consumers have been left without electricity for long periods, facing food losses, burnt appliances, and interruptions to their daily and commercial activities. But did you know that, according to the Consumer Protection Code, the electricity utility, such as Enel, has an obligation to compensate for damage caused by power supply failures?

What does the law say?

The provision of public services, such as energy supply, must follow the principles of regularity, continuity, efficiency and safety, as laid down in the Federal Constitution and Law 8.987/95. When there is an unscheduled interruption in the service, the consumer is entitled to compensation for the damage caused.

What are your rights?

If you have been affected by a blackout, either at home or at your business, you may be entitled to:

• A discount on your energy bill, proportional to the period you were without supply.

• Compensation for material damage, such as spoiled perishable food or burnt appliances.

• Compensation for moral damages, in cases of significant losses, such as health problems caused by the power failure or the impact on business activities.

How to proceed?

1. Document everything: Photograph spoiled food, write down the times of the outage and keep receipts for damaged products.

2. Make a formal complaint: Contact Enel through the available channels (website, app, WhatsApp) and register what happened. This can also be done directly at Procon-SP.

3. Enel inspection: Enel has up to 24 hours to inspect damaged perishable products and 10 days for other household appliances. If the inspection is not carried out within this period, the compensation process must continue and the consumer does not lose the right to compensation.

4. Response and compensation: After the request for compensation, Enel has 15 days to respond and up to 20 days to pay the compensation. If these deadlines are not met, you can go to Procon or take legal action.

What if Enel doesn't meet the deadlines?

If the utility fails to meet the inspection and response deadlines, you have the right to take administrative or legal action. This can include a complaint to Procon, which can open a collective process, or a lawsuit to demand the compensation due, both for material and moral damages.

Losses for traders

Bars and restaurants that have suffered significant losses of food and revenue due to the blackout can also claim compensation. As with residential consumers, it is essential to document all the damage and contact Enel or Procon to file a complaint.

Don't let the damage caused by blackouts go unrepaired. Your rights are guaranteed by law, and with the proper documentation, you can guarantee adequate compensation for the damage you have suffered. If you need advice on how to proceed, contact a lawyer or consult consumer protection agencies.

If you or your company have suffered damage as a result of the recent series of blackouts, please contact us. We can advise you on how to ensure that your lights - and your rights - don't go out, and seek the compensation you deserve.