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The government gave 20 days for the Apple manifest to the Ministry of Justice and Public Security regarding iPhones sold in the country. Since 2020, the company does not include the charger in the box desired cell phones, which has become an inconvenience for many customers. The National Consumer Protection Secretariat (Senacon) see abusive practice and threatens to fine the company R$11 million.
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The new chapter in boots war it is even included in the Official Gazette of the Union. This Wednesday (29th) edition brings the deadline for the company’s statement. The order of the substitute director Frederico Moesch still guides the state and municipal Procons to prepare to take action.
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???? Believe me, the iPhone 13 is cheaper – that’s what the numbers show
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20 Watt USB-C Charger retails for R$199 — Photo: Playback/Apple
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In an exclusive conversation with the TechAll, Senacon representatives explained that the iPhone without a plug adapter makes enjoying the product conditional on the purchase of another item that is sold separately. It is a tie-in sale “because it imposes, albeit indirectly, the purchase of a good with the purpose of using another”, evaluates the agency.
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Tie-backs are considered an abusive practice and are prohibited under the Consumer Protection Code. It occurs when a person is vulnerable and ends up accepting a commercial imposition because they need the product or lack of choice.
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The agency emphasizes that all companies must act with confidence and loyalty. This last principle would be violated when the customer is compelled to make another purchase so that he can enjoy a previously purchased product. “By acting in this way, the company excessively burdens the consumer, at the same time that it unlawfully discharges its obligation to supply parts necessary for the operation of the device”, concludes Senacon.
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Three questions to Frederico Moesch, from Senacon
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TechTudo – What are the next steps?
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Frederico Moesch – The administrative sanctioning process began. The company’s wide right of defense is ensured, as well as the production of evidence. The outcome could be a fine of up to BRL 11 million, among other possibilities provided for in the Consumer Defense Code. In case of fine, the company has a deadline to make the payment. The amount goes to a fund whose resources are directed to consumer protection projects.
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Will the consumer receive part of the eventual fine?
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These sanctions concern the collective right. The intention is to ensure correct compliance with the Consumer Defense Code and provide incentives for the company not to repeat the error. Customers can individually seek solutions directly with the supplier or seek assistance from Procon or the Consumidor.gov.br. There is also the possibility of taking the case to court.
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Initially, the company indicated that it would be interested in discussing an agreement, but the talks did not progress. We opted for the sanctioning procedure.
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Official dispatch demands response from Apple — Photo: Reproduction/Official Gazette
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A Apple informed the TechAll who will not comment on the order. At its traditional launch events, the tech giant always emphasizes that the decision was taken to protect the environment. It also says that old iPhone chargers fit in new products and that customers can purchase parts from other brands if they wish.
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Learn 6 facts about the iPhone 13
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The latest generation of cell phones from Apple it’s composed by iPhone 13, iPhone 13 Mini, iPhone 13 Pro e iPhone 13 Pro Max, announced in september e made available to the Brazilian public in October. Their prices range from BRL 6,599 to BRL 15,499 in the official store, depending on the model and storage. The USB-C charger – compatible with the Lightning cable that comes in the box – costs R$199. dropped down in 2020.
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There are still other options in the current catalog, such as the iPhone 12, The iPhone 11 and the iPhone SE (2020). These are options for those who want an apple device, but don’t have or can’t pay as much for the latest line. Initially, smartphones had a socket adapter in the box, but the Apple withdrew the piece in recent times. Lucky customers are still able to purchase old lots with the piece.
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The global command of the Samsung followed in the footsteps of Apple and chose to remove the charger from the box of the most recent and powerful cell phones, such as the Galaxy S21 and the collapsible Galaxy Z Flip 3. In Brazil, however, the company chose to create a website for buyers to order free chargers, which are delivered at home.
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Senacon filed the investigation into the conduct of the South Korean giant because it understood that the Samsung “It proved to be collaborative and took effective measures to provide the chargers to consumers who so wished.” However, he emphasizes that he can act again if the company returns with the practice.
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