The Attorney General’s Office managed to get Apple to provide a charger along with the iPhone, regardless of model or generation, and to suspend the sale of cell phones until the determination is fulfilled. The Ministry of Justice had initiated an administrative proceeding against the company for not making the charger available, which resulted in a ban on the sale of cell phones and a fine for non-compliance with the agency’s determinations.
Apple filed a request in court to cancel the administrative process initiated by the Ministry of Justice and Public Security, which prohibited the sale of branded cell phones without chargers, imposed a fine for non-compliance with determinations and revoked the registration of models from the iPhone 12. The Advocacia-Geral da União contested the request, arguing that the determinations are in accordance with the defense of consumer rights and Brazilian legislation, and aim to curb abusive practices that harm consumers.
Apple neglected Brazilian Justice
The Attorney General’s Office reported that Senacon is investigating Apple’s inappropriate conduct, which showed no interest in taking steps to correct the identified irregularities or agreeing to a Conduct Adjustment Term (TAC). As a result, the company is subject to administrative sanctions. The AGU explained that it is Senacon’s responsibility to impose sanctions in accordance with the laws of the Consumer Defense Code and Decree No. 2,181/1997, which include the analysis of complaints and the imposition of penalties. The AGU also clarified that the Suspension of iPhone sales was due to violations found during the investigation and did not result in the revocation of the certification or registration of the device by the National Telecommunications Agency (Anatel).
The AGU also warned that, given the economic size of the company and its market power, the continuity of the irregular practice may be more advantageous than compliance with the standards established by Brazilian legislation. That is, it is better to pay the fine than to send the chargers in the box.
Sales of iPhones suspended?
The sale of iPhones in Brazil has been temporarily suspended in Brazil due to irregularities pointed out by the Consumer Protection and Defense Department of the National Consumer Secretariat. However, when accessing the Apple website in Brazil, the iPhone continues to be sold, even without a charger. Oficina da Net tried to contact Apple, which did not respond.
Source: AGU