Apple has to pay 5 thousand reais to a Brazilian. Understand the case.
Apple has been ordered to pay R$1,400,000 for emotional damages to a consumer whose iPhone was stolen and attacked by criminals, a scam that has become increasingly popular in recent years. The first instance sentence, which is subject to appeal, had already been handed down by the 4th Small Claims Court of Vitória (ES). However, as expected, the company appealed the first conviction, which took place in 2021, at the time of the crime.
But, last Tuesday (17), the final ruling gave the lawyer Sérgio Nielsen, 41, the upper hand. Now, the North American company will pay 5 thousand reais in damages to Nielsen, plus 20% in attorney fees in the case. Continue reading and understand the case better.
Criminals have access to iPhone data
THE iPhone 12 was stolen in early June during a trip to São Paulo, said Sergio Araujo Nielsen, who is the author of the lawsuit against the manufacturer. With the device in hand, the thieves were able to change user passwords on Apple systems, uninstall the phone's Find Mode to access data and make four transfers (refunded) through the bank's app.
In their claim for damages, the lawyers explained that they believe it is inappropriate for an expensive device like the iPhone 12 (currently starting at R$4,800, but costing R$7,699 at the time) to not offer consumers a minimum level of security. The lawyer also reported that his device was stolen while it was locked and required a password and facial recognition to access it.
What did Apple say?
In response to the portals, Apple said it would not comment on the decision, either at the time of the crime or now. But according to the court, the company argued that the consumer did not follow the recommended security measures.
However, the judge’s understanding went in the opposite direction. The magistrate argued that the lack of security in this case cannot be attributed to compliance with security procedures, since “the interference with the cell phone in question has already occurred”. The most important thing in this case is that the criminals could have easily accessed the author’s cell phone, but as previously mentioned, this was unlikely, since it required the use of a personal password and visual identity. “This should not be possible”, he explained.
Case sets a precedent for cell phone brands
For the judges of the 4th Civil Court of Vitória, the vulnerability of the device was proven. They also emphasized that “manufacturers who sell products with security flaws or manufacturing defects have the obligation to compensate the harmed consumers.” In his report, Nielsen explained that in addition to the amount of compensation, the verdict is also important due to the circumstances of the case.
“What I think is important is that this sets a precedent, but it’s not just about Apple. This also applies to other brands, like Samsung and Motorola.” He also argues that consumers in similar situations should go to court to demand their rights, even against large technology companies. “What we’re proposing is that people trust the judiciary to actually enforce their rights.” consumer rights”, he explains.
