2023-06-01 20:46:25
And juice Ingrid Lima Vieirafrom the city of Bom Jesus de Itabapoana (RJ), condemned Apple [PDF] to pay material and moral damages to the lawyer Tulio Fiori Rezende Cordeiro. According to the magistrate, the company’s practice of selling iPhones without the charger is considered married sale.
The consumer, who acted on his own behalf, complained that he had to buy the iPhone charger separately, because without it, the cell phone became unusable – the model he had purchased was not disclosed. Túlio claimed that he was induced to purchase the connector to charge the device, even though it was an extra purchase.
Apple defended that this practice is an environment-friendly measure and that it fulfilled its duty to provide clear information to the consumer. According to the judge, the relationship between the parties is one of consumption, and recognized the consumer’s allegations as “believable”, also considering their lack of technical knowledge on the subject.
The judge considered it “inadmissible” that the cell phone be charged only through a cable connected to a computer, since it is not the usual and customary way of charging.
For her, the fact of selling the cell phone without the necessary connector to use the cable makes it unfit for “the purpose for which it is intended”, forcing the consumer to buy another product from the same supplier — thus characterizing the tying sale in a way indirect.
The magistrate stated that the justification for protecting the environment defended by the company ends up “increasing its profits and transferring an excessive burden to the consumer”, which constitutes a failure of the manufacturer, according to the article 39 of the Consumer Protection Code (CDC).
Apple was ordered to pay R$159,76 for material damage to the consumer and R$7 mil for moral damages. There will be no costs or attorney fees. Apple still has a chance to appeal the decision.
via crumbs
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