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Expert reveals three ways to avoid the ‘third wave’ of lawsuits in early 2026

The post-Black Friday, Christmas, and New Year period typically generates a “third wave” of complaints and lawsuits driven by delays, exchanges, logistical errors, and unfulfilled promotional promises. In 2024, only 29.1% of complaints filed directly with Procon-SP were resolved, a percentage lower than the previous year. Faced with this scenario, DeltaAI, a legaltech specializing in artificial intelligence products to reduce litigation and enhance the efficiency of legal departments, outlines three strategic fronts that help prevent conflicts from escalating to the judicial sphere at the beginning of the year.

1. Monitor customer service dissatisfaction before it escalates to formal notices and lawsuits

The accumulation of poorly resolved complaints impacts companies' reputations and tends to transform into administrative measures and legal proceedings. According to Patrícia Carvalho, co-founder and CEO of DeltaAI, the customer service stage is usually the first warning sign. “Many companies only perceive the risk when they have already received an official notice, but the conflict originates in the initial conversation with the consumer. It is necessary to monitor dissatisfaction and prevent it from extending into the judicial sphere,” explains the executive.

DeltaAI uses large language models (LLMs) to identify litigation risks, detect signs of aggressiveness, and map opportunities for preventive settlements. This analytical layer connects CX and customer service data to the legal department, enabling the team to act before the problem escalates.

2. Anticipate court rulings through the analysis of judges

The Brazilian Judiciary recorded 3.9 million homologated settlement agreements in 2019, representing 12.5% of resolutions through conciliation and mediation that year, according to data from Justice in Numbers 2020 – CNJ. “Understanding how judges rule is crucial for predicting losses and guiding more advantageous settlements,” points out Oak.

With DeltaAI's Judge Panel, legal departments can visualize unstructured data from rulings, predictive scores of judges' decisions, and identify those with the greatest impact on convictions. These indicators enable preventive action, with pre-litigation settlement negotiations, prioritization of critical judges, and continuous adjustment of strategies.

3. Conduct multi-channel scans on Reclame Aqui and Consumidor.gov before the problem reaches the legal department

The 2024 Black Friday recorded 14.1 thousand complaints on Reclame AQUI, surpassing the previous record and raising the alert for December and January, according to Reclame AQUI data (2024). Meanwhile, Consumidor.gov.br surpassed 8 million complaints in a decade of operation, as of September of the same year.

Beyond traditional customer service, companies fail to capture complaints on official portals and parallel channels, which increases the risk of consumers proceeding directly to the judicial sphere. “Multi-channel scans are essential to identify potential failures and study how to handle each one,” explains.

Automatic integrations with regulatory platforms are already a reality for companies to ensure no summons is missed. “Such technologies allow scanning subsidies, analyzing thousands of documents in minutes, and generating customized preliminary defenses,” states Carvalho. For DeltaAI, this same preventive logic should be applied to retail risk management, ensuring total visibility over what is being complained about in real time.

E-Commerce Uptate
E-Commerce Uptatehttps://www.ecommerceupdate.org
E-Commerce Update is a benchmark company in the Brazilian market, specializing in producing and disseminating high-quality content on the e-commerce sector.
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