A Brazilian judge orders Apple to pay a user $1,000 for abusive “chain selling” practices by not including basic accessories such as the charger in the iPhone box.
The decision was highly controversial a few months ago, when Apple confirmed that its iPhones would stop including the charger, albeit after laughing at the Apple giant and doing a little trolling in social networks many manufacturers joined the Cupertino movement to eliminate these basic accessories of their sales packages and thus save a few euros.
In any case, there certain markets where laws prevent Apple, Samsung and other cellphone manufacturers from disposing of accessories which are strictly necessary for the operation of the purchased device, therefore both the iPhone and the other terminals continue to include chargereven if it is out of retail package, in some countries.
Now Brazil joins these critical markets with the “ecological” measure of Apple and the rest of the manufacturers, because as the colleagues of Android Authority have told us, it seems that a judge, in the South American country, has just ruled in favor of a user who must be compensated by Apple with more than $1,000 due to the lack of a charger in his brand new iPhone.
Moreover, this verdict comes just after an intense investigation into Apple by the Brazilian governmentthis could therefore create a legal precedent to force the various companies again to include the most basic accessories, those which are essential for the operation of a devicewhen we buy an electronic device.
A Brazilian judge protests against the practices of “tied selling”, condemning Apple to compensate more than 1,000 dollars a user who denounced the absence of a charger, essential for its use, in the sales box of his new iPhone .
Apple has released a cable that costs €159, but it has a reasonable explanation
The context of this whole story begins with the Brazilian authorities fine Apple for the change in policy with the chargers, after which the Cupertino giant had to pay a fine of 2 billion dollars.
However, in addition, a particular user succeeded in having a judge rule in his favor by decreeing an indemnity of 5,000 Brazilian reaisapproximately 1,080 dollars or 1,005 euros, for abusive practices of “tied selling” by forcing the user to buy a charger that is essential for using the phone:
According to Article 39 of the Consumer Code (CDC), “tied selling” is an abusive practice and strictly prohibited in Brazil, so under no circumstances is it allowed to sell the smartphone and the charger separately. For this reason, Apple must be condemned for having separately sold an iPhone model and its charger to a consumer in the city of Goiânia. According to the result rendered by Judge Vanderlei Caires Pinheiro, of the 6th Civil Court of Goiânia, Apple must compensate the consumer with R€ 5,000 for having carried out a “tied sale” of its devices.
You will have already understood that with this concept of “tied selling” what is prevented is require a consumer to buy two products for one of them to workmust always include on the Brazilian market, in the sales packaging of a device, all essential external accessories for its proper functioning.
He is difficult to think that this could create a legal precedent outside of Brazil, and it is true that the ecological measure is understandable and this motivation so used by Apple that “we all have headphones and chargers at home” This seems quite logical at first glance.
In any case, all analysts agree that Apple saved several billion euros with the strategy of not including the charger, also earning a few extra millions in sales of official chargers, so probably the most logical thing is that all manufacturers can stop including the charger in the boxes of their devices, but that the user has a way to request it for free in case you don’t have one or the one you have at home.
What do you think of all this? We must remember that, in Brazil at least, Samsung itself has always included the charger to avoid these problems with the law…
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