Lawsuits regarding the lack of charger on iPhones are becoming increasingly common in Brazil. We have already seen both cases in which the judicial understanding is that Apple should not be forced to give the accessory to the consumer and others in which the company is sentenced to send a charger to the plaintiff, as well as even the imposition of fines the company.
We now have one more case, involving the reader of the MacMagazine Denis dos Reis. He filed a civil lawsuit (case number 5025061-19.2022.8.13.0145) for married sale against Apple in the Second Court of Juiz de Fora (Minas Gerais), because its iPhone SE did not come with a charger in the box.
Apple, in the case file, showed once again that it will stick with everything to the environmental arguments, which it has used since the launch of the iPhone 12 — the first to come without a charger. This line was used in the company’s defense, along with the fact that the consumer was aware that the device did not come with a charger when making the purchase, as well as that it is not an essential item, which can be purchased from other manufacturers.
And juice Ada Helena Antunes Torres understood that the cell phone is dependent on the charger — consisting of a connector cable and power supply —, so that the sale of the iPhone without the charger makes the use of the device limited. She also endorsed the interpretation that the purchase of the smartphone is conditional on that of the company’s own charger, “putting into question the use of another charger, of a different brand”.
In addition, the magistrate stated, in the sentence, that the justification of protection of the environment adopted by Apple to remove the charger configures excessive burdenpursuant to article 39 of the Consumer Protection Code.
Dhenis, however, went further in his action and also filed a request for moral damage, which was not granted by the judge. She understood that not enough evidence was shown to demonstrate “serious off-balance sheet repercussions” to justify this request.
It is worth remembering that Brazilian law does not accept that the payment of moral damages is made as a form of punishment, but rather as a way to remedy a violation of a right that has been perpetrated. In the process, the judge understood that there was no proof of damage caused due to the lack of the charger.
Thus, the sentence was that Dhenis’ requests were considered partially valid. Apple was ordered to provide a charger to him, but the requests for moral damages were not accepted. It should be noted that the decision can still be appealed.
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