In the rush of each day, if Ana*, aged 28, stops her self-employment, it will mean a loss. In June, she received a message on a social network inviting her to be a model for the Brain agency, in Brasília. What seemed like hope for a new profession turned into financial loss and heartache.
According to the proposal, Ana would work as a model, but would need to pay around R$2,000 for an agent to publish photos of her to potential clients. She believed in the agency and even took money from her special check. I was desperate and in debt.
The only job she had was supposedly for a glasses store, which would earn her R$700. This amount was included as a discount on the amount she would pay to the agent. “I felt very deceived. I never had any work again.”
Her story has happened to other young women in recent months.
Little by little, these clients got to know each other and discovered that they went through the same situation: losses and no work as models. They formed a group on a messaging app, entitled “Fooled by the Brain”, and exchanged experiences, which were very similar.
Action in court
Some people accepted the loss, but at least 10 customers filed a civil lawsuit. Brain has until next week to respond to the accusations. The group’s lawyer, Amanda Cristina Barbosa, said that the process seeks termination of the contract and return of the amounts paid.
The total process has an approximate value of R$53 thousand. The modeling agency has until next week to present its defense. So far there has been no movement towards conciliation between the parties.
In addition to the financial values, the episode frustrated these people’s expectations. “A message appeared on Instagram promising paid work based on my profile”, said Ana. In the message, there was information that she had been selected to take photos for the glasses store.
Financial problems
Model getting makeup done in dressing room. Photo: Bruno Peres/Agência Brasil
“I was unemployed, working independently, with financial problems and exhausted,” she said. When she went to the agency, they asked her to memorize a text and they would choose the best one for an advertisement.
When Ana was informed that she could use the fees from the photos to reduce the debt she owed to an agent, she suspected that something might be wrong. But even so, he divided the R$1,300 into installments on the card.
Weeks and months passed. Another job never came. “They just took my money and forgot I existed.”
Compliments and promises
A similar story was experienced by Iara*, 25 years old, who was contacted on social media in July. According to her, someone claiming to be Brain’s producer said that he saw her profile, showered her with compliments and assured her that she would “make money”.
“I was treated very well by everyone and they put me in a room and took some photos of me. They made several promises. If I signed with them, I would have two to three jobs a month.”
She also divided the payment of R$1,300 into 10 installments. “I signed up for every castings [seleção de modelos para trabalhos] and they never called me”, he lamented.
Afterwards, company representatives said that, to have a better chance of being hired, they should pay an additional R$5,000 to “buy followers” on Instagram. This suggestion, however, she did not follow.
In the case of Teresa*, aged 25, the modeling agency approached her offering jobs for her and her 8-year-old son. According to her, at least three jobs per month would be guaranteed for both of them. The contract was for R$5,000. She paid the amount, mother and son did the work for the optician and there was no other service.
“A bore”
In conversation with the reporter from Brazil Agencya former employee of the agency stated that she was hired to capture potential models. According to her, it was nothing new for Brain employees that the contracts would not yield results for clients.
She explains that the goal was to try to capture at least 100 “models” per day, via social networks or when visiting shopping centers. “We were instructed to praise the person a lot.” She agreed to speak to the reporter to warn potential victims of the alleged scam. “This is a scam”, he says.
The group of women only filed a civil lawsuit. However, according to criminal lawyer Jaime Fusco, the conduct can constitute the criminal type of embezzlement, as it promises employment opportunities.
For the jurist, the practice should be reported to the Police Station specializing in fraud crimes and also taken to the Ministry of Labor, so that it can take measures to end the practice.
Agency denies accusations
The defense agency Brain, represented by lawyer Marcos Albrecht, denied that there were any promises of employment. He says that people sought sign a contract explaining that there is no guarantee of work. “If there was any kind of promise, it is outside the company’s standards. It is not supposed to happen.”
In addition to the positioning of the legal sector, the company also expressed its opinion in a statement. In it, Brain “vehemently refutes any allegation of deception or non-existent promise”. Furthermore, it claims not to have been subpoenaed or summoned to respond to any lawsuit filed by clients or agents.
The company also denied that there is a goal for approaching future models. “The hypothesis of someone approaching 100 people a day would be humanly impossible within this routine”.
Regarding the accusation that Brain would guide clients to “buy followers” on social networks, the company states that there was an internal publication in the agency’s community for people to make legitimate digital growth strategies. “There was never any guidance on buying followers, a practice that Brain repudiates.”
“Complaints never arrived”
The company added that it initiated actions between 2017 and 2018 and never received complaints of this type. “Direct complaints of this nature never reached the agency”, he ponders. However, all the people interviewed by the report reported having complained about the lack of response from Brain.
She, in turn, claims that she always seeks conciliation. “However, we do not know who the people mentioned are, which makes it difficult to understand the context of the supposed dissatisfactions.”
The Oculum store, which would promote the first job for aspiring models, would have a contract signed with Brain and renewed four consecutive times. “The agency is responsible for creating all marketing material for the brand in Brasília and for actions that involve connecting influencers and celebrities.”
Brain also claims that it receives a fixed monthly fee for providing services with the glasses store. “Approved agents receive credits in glasses or can deduct the equivalent amount from the agency investment”.
The agency also guaranteed that it complies with contractual and commercial obligations. “We reaffirm that Brain is a solid, reputable and committed agency, which has been moving the market for years with real work, verifiable partnerships and proven deliveries”.
*fictitious name, at the request of the interviewees
