Pix Dispute Resolution Manual Version 5.0

1 • Pix Dispute Resolution Manual
Pix Dispute Resolution Manual
Version 5.0

2 • Pix Dispute Resolution Manual
Revision History
Date Version Description of changes
30/10/2020 1.0
7/12/2020 2.0 Item 3.2: Added the condition for interrupting the deadline for registering the complaint.
Item 3.5: Wording adjustment.
Item 3.6: Added the provision allowing the end-user to classify the treatment provided by the participant in the resolution of the dispute request opened by them, and the manner of disclosure by the Central Bank of Brazil.
11/1/2021 3.0 Item 3.6: Excluded references to statistics disclosed by the BC and the obligation to send the satisfaction survey link to the end-user, when resolving the dispute.
Item 3.7: Repositioning of item (former item 3.8) Item 3.8: Established the sending, by the BC, of the satisfaction survey link to the end-user, when resolving the dispute. Inserted the mention of the statistics disclosed by the BC previously cited in item 3.6 7/10/2021 4.0 Item 3.6.1: Establishes guidelines to be observed when receiving complaints about Pix Withdrawal or Pix Change. 27/12/2022 5.0 Section 1: (i) removal of omitted cases from the scope; and (ii) formatting adjustments in the text.
Section 2: Structural change in the flow, with specification of new rules. Adjustment of nomenclatures in the flow.
Section 3: Specific adjustments in paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.6.1, 3.8 and 3.9; to make them clearer. Adjustment of nomenclatures in the flow.

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Table of Contents

1. SCOPE ...................................................................................................................................................... 4
2. DISPUTE RESOLUTION BETWEEN PIX PARTICIPANTS.......................................................................... 4
3. DISPUTE RESOLUTION BETWEEN PARTICIPANTS AND PIX END-USERS........................................... 6

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1. Scope
   The Pix Dispute Resolution Manual regulates the procedures for dispute resolution as set forth in Chapter XVIII of the Regulation attached to BCB Resolution No. 1, of August 12, 2020 (Pix Regulation). The provisions of this Manual apply to participants and end-users of Pix. Disagreements, conflicts, and controversies between participants and between participants and end-users regarding the Pix Regulation and its manuals shall be resolved in accordance with the procedures defined in this Manual. Commercial disagreements involving end-users and the non-compliance with legal or regulatory norms to which participants are subject are not within the scope of the dispute resolution process within Pix.

2. Dispute resolution between Pix participants
   2.1. Dispute resolution between Pix participants is applicable when a participant questions the conduct of another participant regarding the provisions of the Pix Regulation and begins with the registration of the dispute resolution request (request) regarding the questioned case (case) by the party that feels prejudiced.
   2.2. Dispute resolution will only occur when a solution between the involved parties is not possible.
   2.3. Registration of multiple dispute resolution requests related to the same case is not permitted.
   2.4. The dispute resolution request must be registered through the Digital Protocol, available on the Central Bank of Brazil (BC) website on the internet.
   2.5. The dispute resolution request must be made by a user listed in the participant's Pix registration.
   2.6. It is the responsibility of the complaining party to send documents and evidence sufficient to support the BC's analysis at the time of registering the dispute resolution request.
   2.7. The complaining party is not allowed to attach documents and evidence on its own initiative after the registration of the request, except for those it may access at a later time.
   2.8. Except in cases where a request does not meet the procedural prerequisites for the continuation of dispute resolution, or where there is no minimum evidence of possible regulatory infringement, the BC will forward the resolution request to the other party, which must, within 15 (fifteen) calendar days, manifest its position and attach documents and evidence for the BC's analysis.
   2.9. The BC will analyze the complaining party's demand in light of the Pix Regulation and classify it as follows:
   I - upheld: if the BC identifies indication of non-compliance with the Pix Regulation by the accused party; II - dismissed: if the BC identifies that there was no non-compliance with the Pix Regulation by the accused party; III - reversed upheld: if the BC identifies indication of non-compliance with the Pix Regulation by the complaining party; IV - inconclusive: if it is not possible to assess whether there was or was not non-compliance with the Pix Regulation by the accused party; or V - out of scope: if the BC identifies that the complaint is not within the scope of the Pix Regulation.
   2.10. The BC will communicate the classification of the complaint to the parties involved in the dispute within 40 (forty) calendar days, counting from the sending of the manifestation by the accused party. At the BC's discretion, the deadline may be extended by another 40 (forty) calendar days.
   2.11. The BC may, at any time, request additional documents or information from all involved parties.
   2.12. The BC may, at its discretion, use information from the Transactional Account Identifiers Directory (DICT) and the Instant Payment System (SPI) for the analysis and classification of the complaint.
   2.13. If, at the end of the process, the complaint is classified as upheld or reversed upheld, the BC will initiate a notification process for the party that has indications of regulatory non-compliance, so that it adopts or ceases a specific practice, with a view to ensuring the maintenance of adherence of its conduct to the terms of the Pix Regulation, as provided for in Chapter XIX of the same Regulation.
   2.14. The parties involved are responsible for all costs incurred during the dispute resolution process.
   2.15. The deadlines provided for in this section will be counted continuously, excluding the start day and including the due date. If the first day of counting and the due date coincide with a weekend or holiday, they will be extended to the next business day.
   2.16. Flow:

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3. Dispute resolution between participants and Pix end-users
3.1. Dispute resolution between participants and Pix end-users begins with the registration of a complaint by the end-user against a participating institution through the Citizen Demand Registration System (RDR), available on the BC website on the internet.
3.2. The dispute resolution referred to in item 3.1 depends on the registration of the complaint via RDR being made within 45 (forty-five) calendar days of the occurrence of the fact object of the complaint, without prejudice to the analysis, by the BC, regarding any non-compliance with the Pix Regulation by the participant. The attempt to resolve disputes between the end-user and the Pix participant interrupts the mentioned deadline for registering the complaint, until the formal response of the institution to the demand presented on the institution's service channels.
3.3. Registration of multiple dispute resolution requests related to the same fact is not permitted, and Pix participating institutions must indicate, in the response to the identical demand, the number of the previous demand.
3.4. It is the responsibility of the complaining party to send documents and evidence sufficient to support the analysis of the complaint at the time of registering the complaint.
3.5. The complaining party is not allowed to attach documents and evidence on its own initiative after the registration of the complaint.

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3.6. From the registration of the complaint, the participant must send a response to the end-user within a deadline of up to 10 (ten) business days, containing a conclusive reference to all occurrences referred to in the request. The said response must be sent electronically or by registered mail in the postal service, directed to the email or address indicated in the end-user's registration maintained by the participant or, if the end-user is not a client of the participant, to the email or address informed in the RDR.
3.6.1. In the specific case of complaints about Pix Withdrawal or Pix Change, in addition to the provisions of item 3.6, the payment service provider that receives the complaint and is not responsible for the situation questioned by the end-user must identify, from the information stored in its internal databases, the withdrawal service facilitator involved and respond to the user, within 3 (three) business days, informing them about the possibility that the demand may be related to the conduct of the indicated facilitator and guiding them to contact it or open a complaint against it, if applicable.
3.7. The participant, simultaneously with sending the response to the end-user, must insert in the RDR the documents proving the clarifications provided to the end-user and the report of the measures adopted in the case, accompanied by an electronic file containing a copy of the sent response and its attachments.
3.8. The BC will provide the end-user with the opportunity, by sending an access link, to classify the treatment provided by the participant in the resolution of the dispute request. The statistics regarding the resolution of disputes, by participant and according to the evaluation made by the user, will be disclosed monthly by the BC on the Pix website.
3.9. The participant may request, via the RDR, until the expiration of the deadline established in item 3.6, in a motivated manner, an extension of the deadline for sending the response to the end-user. The extension of the deadline for sending the response to the end-user may be granted, with an annotation in the RDR:
I - only once, for a maximum period equal to that initially established in the registration, provided that it is proven in the extension request that the end-user was informed about the reasons for the extension request, by sending registered mail in the postal service or electronically, under penalty of the deadline extension request being summarily denied; II - more than once or for a period longer than that initially established in the registration, in the case of institutions subject to special regimes or exceptional situations, thus recognized in a reasoned dispatch by the competent authority.
3.10. The BC may, at any time, request additional documents or information from all involved parties.
3.11. The BC may, at its discretion, use information from the Transactional Account Identifiers Directory (DICT) and the Instant Payment System (SPI) for the analysis of the dispute.
3.12. The parties involved are responsible for all costs incurred during the dispute resolution process.
3.13. Flow:

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