iPhone 12: A woman from Santos filed a lawsuit against Apple and won the right to receive a charger after buying an iPhone 12. The decision was granted by the São Paulo Court of Justice, which judged the suit pertinent and found that Apple violated the Code of Consumer Protection when carrying out the “caseload”.
According to A Tribuna, the sentence was published last Sunday (23). In an interview with the Santos website, the applicant’s lawyer, Rafael Quaresma, said that this was the first decision in the country that recognized the right of consumers instead of giving cause to the company in relation to this matter.
Last year, Apple announced it would sell the new iPhone 12 without a charger in the box. The same measure was adopted by Samsung, which sold its Galaxy S21 without the product, but made an agreement to grant the part to some customers. Both gave the same justification: environmental protection. The tech giants argued that not sending the item would reduce the amount of e-waste on the planet.
Quaresma explained that, in fact, this type of commercial action is considered tying, since the consumer will be obliged to buy a charger if he does not have one at home.
“What we said and the judge agreed with the consumer, is that this environmental protection that Apple says it has is selective protection, it is relative protection because the manufacturer has not stopped selling the accessory, has not stopped manufacturing the charger, the only thing is that it doesn’t come with the device”, added the lawyer.
Also according to Quaresma, in the process, arguments were used in relation to the practice of tying plastic bags (which supermarkets began to charge, even though their value was included in the price of purchases) and the collection of air luggage, which according to him it was also a price already included in the value of the tickets, which had no reduction in cost.
Judge Guilherme de Macedo Soares accepted Santos’ client’s claim, considered Apple’s practice to be abusive and determined that Apple would provide a charger at no additional cost to the woman.
The magistrate determined a period of 10 calendar days under a daily fine of R$200 up to a limit of R$5,000 if Apple does not ship the product.
Apple was contacted by the Tribuna report, but did not respond to the matter.