The Sao Paulo Consumer Protection Agency was fined 10 million reais (approximately US$1.9 million) for not including the power adapter in the iPhone 12 and failing to comply with the device’s waterproof performance.
Mexico City (apro). -The Brazilian authorities imposed a fine of nearly US$2 million on the American technology company Apple for selling iPhones without chargers and spreading misleading advertisements about the water resistance of the devices.
The government agency Sao Paulo Procon issued a statement announcing that it will impose sanctions against Apple Computer Brasil in violation of the Consumer Protection Act.
He said that the fines amounting to 10 million U.S. dollars, 546 thousand U.S. dollars, and 442.48 Brazilian reals (equivalent to 1 million U.S. dollars, 876 thousand U.S. dollars) will be applied administratively, and the company has the right of defense.
Procon was established: “Apple conducts abuses by selling smartphone models without a charger adapter. The charger adapter is a necessary and indispensable accessory for its operation.”
After consumers complained about the sale of smartphone models without accessories, the agency notified the company and asked for an explanation.
Regarding the question of whether the price of the iPhone 12 device was reduced due to the removal of accessories; Procon detailed the value of the device sold with or without adapters. The effective reduction of the number of adapters produced was some of the questions that the company raised but did not answer.
The agency also pointed out that consumers complained that their iPhone 11 Pro smartphones had been proven to be waterproof, but problems occurred without the company performing repairs.
When asked by Procon-SP, the company reported that water resistance is not a permanent condition of the device and will decrease over time. Moreover, in order to avoid liquid damage, consumers should stop using smartphones for swimming or bathing, and use it under extreme humidity conditions, and specify the organism.
However, the advertisement of the model used some phrases to promote it, such as: “Strict testing and improvement help to make a durable iPhone with waterproof and dustproof functions”, “It can be water-resistant to 4 meters for 30 seconds”, “Yes. Long-lasting splashing, and even bathing?? The images taken with the mobile phone receive water flow on the side and top, and are used in rain and liquid containers.
Procon in Sao Paulo has also received complaints from consumers who reported problems with certain functions of their equipment after updating the system.
He said: “Despite being notified, Apple has not provided explanations on several of the issues raised, has not provided consumers with information they are interested in, and has not been able to prove any behavior that is harmful to consumers.”
When analyzing the product warranty terms, Procon verified that Apple imposed some abusive conditions, and the statement continued.
One is that the company is exempt from all legal and implied warranties, and does not enjoy any hidden or non-obvious defects; in another report, the warranty does not cover software distributed by Apple (whether Apple branded or not) ( Included in other system software)? And Apple cannot guarantee that the operation of Apple products will be uninterrupted or error-free.
Procon said that with these terms, the company can be exempted from liability for product or service issues and violated Article 51, Section 1 of the Consumer Protection Act.
He added that there is another clause that states that the company can request authorization to charge the value of the product or credit card replacement and shipping costs.
?? This clause is unfair and does not respect Article 51 IV because it transfers to consumers the risk of activities and the cost of compliance with guarantees, thus violating the principles of good faith, consumer balance and vulnerability. Are you in an exaggerated obstacle?