The Court of Justice of the Federal District and Territories (TJDFT) has issued a decisive decision: the sale of smartphones without a charger does not constitute an abusive practice. The Uniformization Panel of the Small Claims Courts of the Federal District (TUJ/DF), in a publication on the judicial body's website, presented the edition of summary 39, resolving the existing divergence.
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Highlights of the TJDF Verdict
- TJDF decides that selling cell phones without a charger is not an abusive practice.
- Court considers the sale of smartphones without a charger not abusive, as long as there is clear information.
- Decision is based on action brought by consumer who purchased iPhone 12 without charger.
- Apple claims that the lack of a charger is not a burden passed on to the consumer.
- Decision follows precedents of other actions involving technology companies.
Reasons for the Decision
The summary emphasizes that the sale of a smartphone without the corresponding charger, as long as there is adequate, clear and transparent information, does not constitute an abusive practice, according to the text issued.
Grounds for the Verdict
To support this determination, the Court of Justice highlights a case in which a consumer purchased an iPhone 12 and received only the USB-C cable, without the 20W charger. Apple argued that there is no burden, as the value of the accessory is not passed on to the product. The court reinforces the view that the charger is not an essential item for the operation of the device.
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Aspects of the Decision
First of all, the ruling highlights that the supplier fulfilled its obligation to adequately inform about the absence of the charger, a fact that was widely reported in the media and expressly announced on the website and on the product packaging. This resulted in the denial of compensation for moral damages, dismissing the case as unfounded.
Decision Developments
In fact, this decision by the Court of Justice comes almost two months after something curious: the cancellation, by the São Paulo Court of Justice, of the R$100 million fine imposed on Apple for selling cell phones without a charger. The lawsuit was filed by the Brazilian Association of Borrowers, Consumers and Taxpayers (ABMCC) the previous year. It accused the technology giant of engaging in tied selling.
Repercussions of the Decision
Namely: two years ago, Procon-SP notified both Apple and Samsung, demanding explanations about the sale of devices without chargers. At the time, the South Korean company defended the sustainable practice and compatibility with previous energy sources.
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