iPhone 12: A Santos woman sued Apple for the right to receive a charger after purchasing a iPhone 12. The decision was granted by the São Paulo Court of Justice, which found the case relevant and ruled that Apple had violated the Consumer Protection Code in carrying out the “caseload.”
According to A Tribuna, the verdict 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 to recognize the right of consumers rather than giving the company a reason on this matter.
Last year, Apple announced it would be selling the new one iPhone 12 without charger in the box. The same measure was taken by Samsung, which sold its Galaxy S21 without the product, but entered into an agreement to provide the part to some customers. Both gave the same justification: environmental protection. The tech giants argued that not shipping the item would reduce the amount of e-waste on the planet.
Quaresma explained that these types of commercial actions are in fact considered tying as consumers will be required to buy a charger if they don’t have one at home.
“What we said and the judge agreed with the consumer that this environmental protection that Apple says it has is selective protection, it’s relative protection because the manufacturer hasn’t stopped selling the accessory, hasn’t stopped production from the charger, the only thing is that it does not come with the device, ”added the lawyer.
According to Quaresma, arguments were used in this regard regarding the practice of tying plastic bags (which supermarkets began to charge, even though their value was included in the price of purchases) and air baggage collection, which he said was the also a price already included in the value of the tickets, which had not dropped in cost.
Judge Guilherme de Macedo Soares accepted Santos’ customer’s claim, considered Apple’s practice insulting and decided that Apple would provide a charger at no additional cost to the woman.
The magistrate set a term of 10 calendar days with a daily fine of R $ 200 up to a limit of R $ 5,000 if Apple did not ship the product.
Apple was contacted by the Tribuna report but did not respond to the matter.