Procon-SP fines Apple in R $ 10 million

The new craze for tech companies is to sell cell phones without a charger in the box: Apple and Samsung launched their latest products in Brazil without the accessory with the justification that they are protecting the environment. But the consumer protection foundation Procon, from São Paulo, did not like the idea.

The agency announced on Friday (19) that it applied a fine in the amount of R $ 10,546,442.48 to Apple for selling iPhones without a charger. In addition, Procon-SP accuses the company of misleading advertising, of selling devices with factory defects, of maintaining unfair terms in the contract with consumers and of not having repaired a product that was still under warranty.

“Apple needs to understand that in Brazil there are solid consumer protection laws and institutions. It needs to respect these laws and these institutions”, said, in a note, the executive director of Procon-SP, Fernando Capez. Sought by Tilt, Apple did not respond until the closing of this report.

Procon-SP notified Apple in October last year, asking the company to explain why the new iPhones would be sold without a charger. The agency says the company never offered a convincing explanation, so it decided to apply the fine now. Apple can still appeal the decision, asking Procon to reevaluate, or go to ordinary court.

Apple is not the only one

Apple’s official justification for removing accessories is that the decision is part of its “commitment to the environment”. Removing the charger and headset from the boxes “further reduces carbon emissions, preventing mining and the use of precious materials,” the company said. “The result is a smaller and lighter package, allowing 70% more boxes on each pallet.”

After Apple, more companies joined the wave. The Chinese Xiaomi launched its latest top of the line, the Mi 11, with optional accessory —Customers could choose to take the smartphone without the charger in the box to “preserve the environment” or keep it in the packaging at no additional cost.

Samsung also announced abroad its new Galaxy S21 line without chargers in the box. At the time, before the launch of the devices in Brazil, Procon-SP told the Tilt that the South Korean company was also in your sights. But when the S21 line was launched in Brazil, Samsung sewed an agreement with Procon-SP: whoever bought the devices in the pre-sale period would take a “free gift” charger.

And now?

Apple can appeal the Procon-SP decision and even take the case to court, if you want. There are even precedents favorable to the company in Brazil. In January, a judge from São Paulo voided an order from an Apple customer, which sued the company for selling iPhones without a charger, accusing it of “tying up”. The 20 W USB-C charger compatible with the iPhone 12 is currently sold on Apple’s official website for R $ 219.

According to Judge Guilherme Lopes Alves Lamas, of the Court of the Special Civil and Criminal Court of Piracicaba, it is not for the Judiciary to “intervene so drastically in the contract as to prohibit the defendant [Apple] change your pricing policy, because, after all, in Brazil, capitalism is in place “.

But in other countries, the company had to change its strategy to follow the law. In France, for example, the iPhone it is sold in two boxes because the company is required by law to include headphones with the device, but not the charger.

Other charges

Procon-SP’s fine against Apple also includes other charges. One is misleading advertising: the agency says the company lies in advertising the iPhone as a cell “water resistant” while consumers complain that their devices “had problems” in contact with water and were not entitled to repair.

Procon-SP also says it has received complaints from consumers about problems with iPhones after system updates. “Despite being notified, Apple did not provide explanations about several questions raised,” the agency said in a statement.

Apple is also accused of disrespecting Brazilian law when it comes to warranty, for refusing to repair a product purchased abroad within 30 days. And, finally, Procon-SP accuses the brand of imposing “unfair terms” in contracts with customers.

“In one of them, the company disclaims all legal and implied warranties and against hidden or hidden defects; in another, it says that ‘the software distributed by Apple […] is not covered by warranty ‘and that’ Apple does not guarantee that the operation of the product will be uninterrupted or error-free ‘”, says Procon-SP.

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