A Apple was fined BRL 12 million by the Public Ministry of the State of Minas Gerais for selling iphone without charger. The punishment, according to the crumbsis the result of an administrative process opened by Procon-MG, which is headquartered in the city of Uberlândia.
According to the agency, the process was opened after a consumer presented a representation informing about the practice of the Cupertino giant, which no longer sends chargers with its devices since the iPhone 12, from 2020. He also pointed out that the company uses charger models “specifically compatible”, forcing most people to buy new accessories.
The decision of Procon-MG [PDF] indicated that the practice is abusive, considering that the charger is an essential item for the functioning of smartphones — which configures a tie-in sale. For prosecutor Fernando Martins, Maçã’s main objective is to increase its profitability:
Here is the practice known as a frame arrangement, a strong blow against consumers and a sad burden on the company’s visibility. It is a clear violation of objective good faith by subordinating the main product to the accessory product.
Procon-MG even held an audience with Apple representatives in Brazil to reach a possible agreement, but without success:
Procon-MG held a hearing with Apple representatives, proposing that the company, in the condition it was in, suggest alternative means of conciliation, with the presentation of a proposal. However, the assessed company did not register any interest.
Thus, it appears necessary to apply an administrative sanction, as provided for in the Consumer Protection Code (CDC, articles 56, items I and 57).
The amount of the fine will be allocated to the State Fund for Consumer Protection and Defense of Minas Gerais and must be paid by Apple within 30 working days, with the company having up to 10 working days to file some type of appeal.
Let’s see where this novel goes…
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