Missed recall: is the repair still free even after years?

The announcement date may be old, but the risk that motivated the recall and the duty to correct it do not disappear just because the consumer took a long time to look for the supplier.

As long as the risk covered by the campaign persists, the consumer can request the announced action — such as inspection, repair, component replacement or recall — at no cost. The official guidance from the National Consumer Secretariat also clarifies that the obligation continues even when the company stops submitting periodic reports on an old campaign.

This does not mean, however, that any problem with an old product will be fixed for free. It is necessary to confirm that the model, batch, serial number, chassis or manufacturing period is included in the recall. The free solution must cover the defect and measures provided for in that campaign.

After all, does the recall have a deadline?

The question involves three different time frames, which should not be confused.

MJSP Ordinance No. 618/2019 is express in determining that the exemption from service reports does not exempt the supplier from repairing or replacing the product or service included in the campaign free of charge.

Therefore, a campaign being five, ten or more years old is not, in itself, a valid reason to charge the consumer or deny service. The decisive point is knowing whether the product is effectively included and whether the risk has not yet been eliminated in that unit.

Why old ads can look new

An official page may reappear in search engines after being technically updated, recataloged or re-crawled. The date of this tracking should not be confused with the date of the recall.

In the case mentioned in the agenda, Senacon's page on Bentley vehicles was published on November 13, 2015. The tracking that took place on July 31, 2026 does not prove the existence of a new call for the brand. The campaign should be treated as a historical example until another official statement, with a new date and new identifiers, is located.

Before sharing an alert, always check:

• the date of publication of the statement;
• the start date of the service;
• the models and identifiers covered;
• the defect and risk described;
• the official supplier channels;
• any updates or extensions to the campaign.

What the consumer may demand

Once the inclusion of the product in the recall is confirmed, the consumer can demand compliance with the announced corrective measure without charging for parts, labor or service related to the campaign.

The action varies depending on the case. It may involve:

• technical inspection;
• software update;
• repair;
• part or component replacement;
• product exchange;
• collection;
• another solution set to eliminate the risk.

The campaign notice must clearly inform the affected product, the risks, preventive measures, service locations, the estimated duration and the absence of cost to the consumer. After the service, the supplier must deliver a physical or electronic certificate with the location, date, time, duration of the service and the measure adopted.

Does the consumer choose between repair, exchange or refund?

Not automatically. The campaign informs which measure was technically defined to eliminate the risk. In many recalls, the solution is the free replacement of a specific part, not the delivery of a new product.

An unjustified refusal, prolonged inability to carry out the measure or other losses may open discussion on additional measures provided for in the Consumer Protection Code. This assessment depends on the specific circumstances and must undergo legal guidance when there is damage, accident, extensive unavailability of the product or request for compensation.

Recall, contractual warranty and accident compensation are related but not identical subjects. Each may have its own rules and deadlines.

Is a used product also entitled to recall?

Transferring the product to another person does not automatically eliminate service. According to Senacon's guidance, there is no limitation on repairs just because the asset was purchased from a third party or abroad. The main element is the identification of the unit covered by the campaign.

In practice, anyone who has purchased a used car, second-hand appliance or other durable product must check the serial number, batch or chassis, even if they have never received a letter or message from the manufacturer.

The invoice helps document the origin and consumption relationship, but, in the absence of one, the consumer must ask the company to verify eligibility using product identifiers. Save the response and the protocol number.

Checklist to respond to an old recall

1. Find the correct identifier

Search the product, packaging, manual or documents:

• make and model;
• batch;
• serial number;
• chassis;
• year or date of manufacture;
• specific code indicated in the statement.

Do not conclude that all products from the same line are included. It is common for the campaign to only reach certain manufacturing or numbering ranges.

2. See the campaign in the official source

Check, preferably:

• the basis of Senacon's calling campaigns;
• the official website of the manufacturer or importer;
• the regulatory agency responsible for the product, if any;
• o Procon;
• for vehicles, the Digital Traffic Card or the Senatran Services Portal.

Vehicle consultation at Senatran can be done through the Digital Traffic Card application, in the “Recall” option, or through the portal, using a license plate or chassis. The service informs you if there is a pending campaign registration.

3. Save the announcement

Save a copy, screenshot or file with:

• announcement date;
• defect description;
• reported risk;
• units covered;
• solution offered;
• service channels;
• possible security recommendations.

This documentation helps if the vendor says the campaign has ended or the product is not included.

4. Gather available documents

Separate:

• identification document;
• readable photo of serial, batch or chassis number;
• invoice or proof of purchase, if available;
• vehicle document, when applicable;
• recall notice received;
• previous protocols and messages;
• product photographs;
• data of the current owner or possessor.

Do not hand over original documents unnecessarily. On digital channels, check the address before sending personal data.

5. Search for the supplier via official channel

Report objectively:

• the campaign number, when known;
• the model and product identifier;
• the requested action;
• your municipality;
• the existence of any security guidance.

Ask for protocol number, service location, estimated deadline and confirmation that there will be no charge.

6. Ask about safe use until care

Do not attempt to disassemble, repair or improvise a solution yourself. Some campaigns allow normal use until the scheduled date; others recommend suspending use, parking the vehicle in a specific location or adopting specific precautions.

Only follow the guidance published in the campaign or formally provided by the manufacturer.

7. Demand proof at the end

The service certificate is important to prove that the risk has been corrected. In vehicles, it may also be necessary to update traffic records.

Check if the document identifies:

• product or vehicle;
• date and location;
• service executed;
• component repaired or replaced;
• duration of service.

What to do if the company charges or denies the repair

The first step is to request a written denial. If the service took place over the phone, record the date, time, name of the attendant and protocol.

Then scale.

Reclame no Consumidor.gov.br

Consumidor.gov.br is a public platform linked to Senacon. When the company participates in the system, the consumer can register the complaint, attach documents and follow the response. Registered companies have up to ten days to respond.

In the description, enter:

• which is a recall;
• the product identifier;
• the date and source of the statement;
• the previous protocols;
• the charge or justification for refusal;
• the intended solution.

Look for Procon

The state or municipal Procon can receive the complaint, notify the supplier and assess possible non-compliance with consumer protection rules.

Take the documents gathered, especially the campaign statement, the product identifier and proof of denial. Senacon's own guidance is to contact consumer protection agencies when there is difficulty in obtaining assistance.

When to report to Senacon

Senacon monitors campaigns nationwide. Indications of a collective failure — such as repeated refusals, widespread absence of parts, systematic charging or impossibility of scheduling in several regions — may justify communication to the official channels of the Ministry of Justice.

To resolve an individual conflict, however, the most direct route is usually the supplier, followed by Consumidor.gov.br and Procon.

When to seek legal assistance

Seek guidance from the Public Defender's Office or a lawyer when available:

• accident or injury possibly linked to the defect;
• relevant material damage;
• immediate risk without solution;
• persistent refusal;
• expenses that the consumer intends to recover;
• need for urgent legal action.

Recall compliance does not automatically eliminate a possible discussion of damage that has already occurred. Likewise, the existence of the campaign, in isolation, does not prove that any accident was caused by the defect; this relationship needs to be demonstrated.

Special attention to vehicle recalls

In vehicles, failing to respond to the call may generate an administrative consequence in addition to the safety risk.

Traffic legislation determines that recalls not attended to within a year are recorded in the Annual Licensing Certificate. After this inclusion, the vehicle can only be licensed upon proof of compliance with the campaign.

Therefore, when purchasing a used vehicle:

1. check the existence of a pending recall before concluding the deal;
2. check the chassis, not just the model and year;
3. ask for proof of campaigns already attended;
4. check the Digital Transit Card again after the transfer.

The one-year period, in this context, does not terminate the right to free service. It marks the moment in which the pending issue can take effect on the document and licensing.

Frequently asked questions

Can I respond to a recall announced ten years ago?

As a rule, yes, as long as the product is included and the corrective measure has not yet been carried out on that unit. The age of the advertisement alone does not eliminate the obligation.

Can the dealership charge a diagnostic fee?

There should be no charge for the procedure necessary to complete the campaign. Defects unrelated to the recall may be treated separately, as long as the consumer is informed and authorizes any paid service.

Can the company deny it because I'm not the first owner?

Purchasing from a third party does not, in itself, eliminate service. Present the product identifier and ask for eligibility to be verified in the official campaign.

What if there is no part available?

Ask for protocol, written justification, service forecast and safety guidance. A momentary unavailability does not transform the free repair into a paid service nor does it extinguish the supplier's duty.

Do I need to keep the receipt?

Yes. The certificate demonstrates that the measure was carried out and may be necessary in a future complaint or, in the case of vehicles, to regularize registrations.

The date may be old; the providence remains current

Recall is not a promotion with a commercial deadline. It is a security measure designed to eliminate a risk identified after the product or service has entered the market.

The safest course of action is to confirm the campaign, gather the identifiers, formally request assistance and save each protocol. If there is a charge or refusal, register the complaint at Consumidor.gov.br or contact Procon.

Check the official campaign for your product now and save this checklist with your documents and proof of service.