TJDF rules that selling mobile phones without chargers is not a malicious practice

Federal Court of Justice for Districts and Regions (TJDFT) It decided that selling smartphones without chargers did not constitute harassment.

The Uniformization Panel of Special Courts of the Federal District (TUJ/DF) published the edition of summary 39, which put an end to the disagreement, in a publication on its judicial portal.

“The sale of a ‘smartphone’ without the relevant power supply (converter or voltage adapter – charger) in an open and transparent manner, with appropriate information, does not constitute an exploitative practice,” the text states.

To justify the decision, TJ points to a lawsuit filed by a consumer who purchased the iPhone 12 and only received the USB-C cable without another 20W source.

At that time, Apple stated that no fee was charged because the value of the accessory was not transferred to the product. The agency still believes that the charger is not a necessary element for the device to function.

In the decision, compensation for non-pecuniary damages was rejected, stating that “The supplier has fulfilled its obligation to provide sufficient information regarding the absence of the charger, a fact that was widely publicized in the media and clearly announced on the website and on the product packaging.” the case is baseless.

The Court of Justice’s decision comes almost two months after the São Paulo Court annulled Apple’s R$100 million fine for selling mobile phones without chargers. The lawsuit, filed last year by the Brazilian Association of Borrowers, Consumers and Contributors (ABMCC), accused big tech of collusion.

Two years ago, it was Procon-SP’s turn to notify both Apple and Samsung and ask for an explanation about the sale of devices without chargers. At the time, the South Korean company was talking about sustainable practice and compatibility with previous sources.