Legal impasse between Apple and the Brazilian government is taking another step. Understand the case.
The 15th Small Claims Court of Manaus has sentenced the company Apple Computer Brasil Ltda. The sentence refers to the company starting to provide consumers with a power adapter compatible with the cell phone purchased, as well as compensating them for moral damages in the amount of R$1,400,000.
The sentence is contained in case number 0548147-09.2023, referring to the action for moral and material damages, brought against the manufacturer, in which a consumer of the brand claims to have purchased the iPhone 13 smartphone, Starlight, 128 GB model, in an online store, for the amount of R$ 4,678.90. However, upon receiving the electronic device, it came without the power connector, that is, it could not be used.
iPhone without charger
The author emphasized in the petition that “the connector of this type of device is different from other types, including devices sold by the first defendant, and that connectors of other brands cannot be purchased”.
Responding to this case, Apple stated that consumers are “fully aware that only a USB-C cable is provided with the phone and that the charging source is not included in the purchase and must be purchased separately”.
long fight
This is another chapter in the long legal dispute that the Cupertino giant is facing with the Brazilian justice system. The company has already been fined, appealed, lost and the story continues. Even with all the restrictions that can be imposed on Apple if it does not comply with the recommendations of the regulatory organizations in Brazil, the company seems to be adamant about including the complete chargers along with its devices.
However, it is worth remembering that Apple recently changed your connector Lightning to USB-C after a requirement from the European Union, when countries stated that they would not allow devices without these specifications to be sold in their territories.
Trial of the case
In her judgment, Judge Maria do Perpétuo Socorro da Silva Menezes cited Article 39, paragraph I, of the Consumer Defense Code (CDC), which refers to tied sales: “By offering the device without an adapter, the manufacturer Apple conditions the consumption or economic use of the good on the acquisition of another product: the converter, which is currently only sold individually, in the defendant's stores”.
The judge understood that at this moment, this act is determined as a binding sale, due to the fact that it imposes, even indirectly, the purchase of another good for the purpose of using the cell phone.
In her argument, she also highlighted that the commercial conduct was subject to censure by consumer protection agencies. In fact, consumer protection organizations reported the improper sale of the disputed product without an adapter/charger, such as Procon-SP, which applied a fine of R$10,546,442.48 to the manufacturer Apple for selling the iPhone 12 without a charger, among other abuses.
In her analysis, the judge highlighted that the manufacturer's attitude was based (according to him) on environmental protection grounds and that the defendant company could reduce costs “by ceasing to supply products essential to the operation of the equipment, in addition to increasing its profits”. According to the decision, the company has 15 days to supply the specified item, being subject to a single fine of R$1,400,000 in case of non-supply.
