Procon-SP is suing Latam over a rule that limits the front bathroom to “premium” customers.

Procon-SP stated that, last Monday, it notified Latam Airlines to provide clarification regarding the new rule that limits the use of the front bathrooms of the plane only to passengers who pay to travel in the first three rows or in higher classes.

The action gained repercussions last week after CEO Carlos Eduardo Padulla, a frequent customer of the company, posted a report on LinkedIn about the practice, which has come to be called “super pigeons” on social networks.

According to a memorandum sent by the Supervisory Authority, the premium economy cabin, advertised on the company’s official channels as a “distinctive experience,” violates the principles of dignity, equality, and independence, in addition to “violating the right to provide adequate service.”

According to the notification also, the measure “reinforces the exclusive nature of the service by paying an additional amount, highlighting the relationship between the differentiated offer and restrictions on the use of front toilets.”

The Authority also granted LATAM a period of ten calendar days to provide technical, operational and communication justifications with consumers. If the deadline is not met, the airline may be subject to penalties stipulated in consumer law such as fines, temporary suspension of activity, cancellation and other penalties.

When the news broke last week, Latam sent O GLOBO a memo in which it said it was following “the global practice of using toilets in every cabin, ensuring privacy and an appropriate experience for the product purchased by the customer in accordance with Anac standards and applicable Brazilian legislation.”

According to the company, the crew can allow other customers to use only in specific situations, such as serving passengers with special needs, emergency situations, or to balance the flow of people on board.