Last Monday (9), São Paulo Court annuls R$100 million fine imposed on Apple for selling iPhone without charger. The lawsuit, filed in July 2022, was filed by the Brazilian Association of Debtors, Consumers and Contributors (ABMCC).
The decision came from first instance judge Celina Teixeira Pinto. The lawsuit accused Apple of engaging in the practice of tying the mobile phone by making it conditional on the purchase of another product (in this case, a charger)..
“Therefore, there is a clear abusive practice in that the purchase of one product is conditioned on the functioning of another product, which is not permitted under paragraph 1 of Article 39 of the Law on Consumer Protection,” the organization claims.
But the penalty was not the only one: Apple must provide the accessory to all consumers who purchased an iPhone from October 13, 2020. In addition, a R10 million fee will be paid to Nelson Wilians, the lawyer representing ABMCC.
Apple filed an appeal
On the other hand, Apple objected, claiming that not including a charger in the box was legal. The company stated that consumers have “a variety of alternatives for charging their devices” and that removing plug adapters will be part of measures to protect the environment.
The project rapporteur also pointed out that a similar process was taking place in Rio de Janeiro. The case is privileged because it has been filed before.
“The Public Civil Prosecution ongoing in Rio de Janeiro aims precisely at the same protection, at the same practical effect, and is theoretically more comprehensive, covering other manufacturers using the same method,” he explains.
Finally, the judge also points out that there is no relationship between the ABMCC’s “corporate purposes” and the case against Apple. The ABMCC can now appeal the decision.
Source: Tec Mundo
I’m Ben Stock, a highly experienced and passionate journalist with a career in the news industry spanning more than 10 years. I specialize in writing content for websites, including researching and interviewing sources to produce engaging articles. My current role is as an author at Gadget Onus, where I mainly cover the mobile section.
