2024-02-22 20:20:27
In a unanimous decision, the 18th Chamber of Private Law of Rio de Janeiro condemned the Apple to compensate a client in R$3.219 for moral and material damages, due to the sale of an iPhone without a charger — a practice that, as we know, has been occurring since 2020.
The case involved consumer Matheus dos Santos Pagorim Abreu, who purchased the device for almost R$5,000 and had to pay another R$219 to buy the charger separately. The customer reported the company for tie-in sale.
The judge Cláudio de Mello Tavaresrapporteur of the case, argued in his vote that the charger is an essential accessory for using the smartphone, thus characterizing a productive diversion and property offense subject to financial compensation.
The decision highlights Apple’s obligation to pay R$3,000 for moral damages, in addition to reimbursement of the R$219 spent on the charger.
Apple’s defense, in turn, maintained during the process that the absence of the charger is informed in a “clear and appropriate” manner to customers, arguing that the brand’s charger is not essential for the iPhone to function.
According to the company, there are several alternatives for charging the device, including portable chargers, vehicle adapters, USB wall sockets, induction charging or plug adapters from other manufacturers.
Furthermore, the company defended its policy of not including chargers with new iPhones as a measure to reduce the proliferation of energy sources, thus aligning itself with environmental legislation.
Maçã still has the possibility of appealing the decision. So far, she has chosen not to comment on the case publicly.
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