Technology
8 times Apple was fined in Brazil because of the iPhone
Apple is one of the largest and best-known cell phone manufacturers in the world, and for this reason, it ends up getting involved in controversies.
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Apple is one of the largest and best-known cell phone manufacturers in the world, and for this reason, every now and then it ends up getting involved in controversies that cost millions of dollars to the company's coffers. Here in Brazil, the main confusion involving the company is regarding the iPhone charger. Since it was decided to remove the item from the box, in 2020, the company has accumulated several fines applied by bodies, which at all costs seek to reverse the decision, even suspending sales of the Iphone 12 and Iphone 13. Currently, the sanctions amount to more than R$ 165 million.
Apple does not usually comment on specific cases. During the launch events, however, she reinforced several times that removing the charger is extremely important for the brand's commitment to the environment. However, several Procons and even the National Consumer Secretariat claim that the company has not proven the alleged benefits to the environment.
1. Fine of R$ 100 million in October 2022
Perhaps the number that most catches the eye of those who follow the charger confusion was applied by the São Paulo Court in October 2022. Caramuru Afonso Francisco, judge of the 18th Civil Court of São Paulo (capital), determined that Apple include chargers in iPhone models again.
If the decision was not accepted, the company would have to pay R$ 100 million, with late payment interest of 1% am, capitalized annually, in addition to providing chargers to those who purchased the devices from October 13, 2020. The company appealed the decision.
2. Suspension of sales and fine of R$ 12 million
Another symbolic decision by the Brazilian Judiciary, which caused an uproar for the time it was granted, was the suspension of the sale of Iphones 13 and Iphone 12 without a charger. The measure was taken by Senacon (National Consumer Secretariat), linked to the Ministry of Justice and Public Security, on the eve of the launch of the Iphone 14, on September 6, 2022.
In addition, the agency also imposed a fine of R$ 12 million, claiming that the benefits to the environment defined by the company had not been proven and the sale of the device without a charger constituted a revoked sale. For sales to resume, the company would have to offer the plug adapter – inside the box or outside it.
3. Procon do Rio de Janeiro
Rio de Janeiro's Procon also joined the list of entities with representations against Apple related to the controversies involving chargers. In August 2022, the consumer protection agency fined the company in the amount of R$ 12.27 million, for selling the Iphone 12 without the adapter in the box. During the period, Procon RJ also issued two notifications asking about the supply of chargers for iPhone models 13 and 14, which had not yet been launched.
4. Lack of interest
The most recent fine that the technology giant received was from Procon de Minas Gerais, in March 2023. The consumer protection body ordered the company to pay R$ 11,999,504.59, for selling the iPhone again without the charger included in the package. box.
The decision was taken after a consumer from the city of Uberlândia claimed that he would have to pay an extra amount to have an accessory compatible with the brand's cell phone. According to Fernando Martins, prosecutor, the company “showed no interest” in solving the problem.
5. False advertising
Anyone who thinks that the Procons' battle against Apple's decision only began in 2022 is mistaken. In 2021, the company was ordered to pay R$ 10.5 million for misleading advertising, which brings together a series of complaints accepted by the bodies that were the sale of devices without a power adapter, abusive clauses and false advertising about the iPhone 11 and 11 Pro models being water resistant.
In January 2022, Procon de Fortaleza reported that it fined Apple R$ 10,372,500, for not providing the power adapter. The fine was applied shortly after agency inspectors visited stores in the Center and in shopping malls in the capital and noticed that the models were also being sold without the item.
Initially, the company would have been fined R$ 15,558,750, an amount applied to Samsung – which during the period also offered its devices without the item (currently the company has changed its stance). However, as it was the first time it was fined by the Ceará body, Apple had a reduction of a third of the fine.
7. Floripa
In January 2023, Procon of Florianópolis was responsible for fining the company in the amount of R$ 8 million. The reason? the sale of an iPhone without a charger in the box. The process had been ongoing since 2022, but as Apple did not send the accessories and continued without plans to respond to the request, the fine was applied. The company continued to respond that the practice does not cause any harm to the customer and that, defending its global sustainability policy of reducing impacts caused to the environment.
8. Compensation of R$ 5 thousand reais
Finally, the battle to bring chargers back has not just been fought between consumer protection agencies and Apple. In April 2022, a Brazilian consumer was compensated by the company in the amount of R$ 5 thousand for moral damages after purchasing an iPhone without the charger in the box. The decision was made by Vanderlei Caires Pinheiro, judge of the 6th Special Civil Court of Goiânia (GO).
It is important to highlight that the company's decision to no longer offer the charger in the box does not only include the most current models, but also older models, such as the Iphone 11. It is estimated that since the company stopped offering the item, it has managed to save around R$ 33 billion.
About the author / Tiago Menger
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