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TelexFree have won an important legal decision agains the Ministry of Finance in Brazil to cease publications on the internet calling TelexFREE illegal.
Below is a transaltion of the document from the case.
The TELEXFREE in suit for damages against the Ministry of Finance, which is obtained favorable decision, determining that this Ministry immediately remove from your website the note on the activities of TELEXFREE. This success is worth sharing with everyone.
IMPORTANT: We have been authorized by our law to disclose the decision.
“Ilmo. Mr. Carlos Costa,
Follow annexed duty judicial decision rendered in federal court in the District.
You may disclose the decision, since as his lawyers were already enjoined the same. ”
Advisers, it is also important to mention that other measures are being adopted to prove definitely the legality of our activities in Brazil.
TelexFREE have also released the following statement.
TelexFREE/YMPACTUS COMERCIAL LTDA, renders this NOTE OF CLARIFICATION on the activities of the Secretary of Economic Monitoring of the Ministry of Finance (SEAE/MF) on TelexFREE regarding the following points:
1. It was confirmed that the TelexFREE does not advance and capture, by such reason is not obligated to obtain the authorization of the Secretary;
2. TelexFREE does not practice the sale of goods or services, due to this typical local trade activities are not required; the delivery of VoIP service and management of accounts is performed directly by TelexFREE in the United States to consumers anywhere they are over the Internet; in other words, jurisdiction falls in the country where the VoIP services are provisioned;
3. As the realization of services is carried out in the United States via internet access, users/individuals who purchase accounts also require their own ISP (Internet Service Provider); In addition, these Carrier connections, are those of the ISP who provides the service, to connect to the TelexFREE VoIP platform in the United States;
4. There is no encouragement of informal economy, since the income that a promoter gets is reported directly to the Internal Revenue Service as individual income, and so is taxed, with withholding tax and due payment, according to the Ministry of Finance’s own table; the activities that the Promoter carries out turn only for packages that are purchased for resell, in this way, to accept the general terms of the contract, the Promoter is fully aware of performance and how much they will receive;
5. The values of the price increases are in the exact proportion of the services that the promoter carries out, cannot be configured as excessive since the General Regulation lays down the percentages whose value is already built into the total cost of VoIP accounts offered.
TELEXFREE/YMPACTUS COMERCIAL LTDA