Brazil Issues $2M Fine to Apple for Not Including Chargers, Tech Giant Faces Lawsuit in Quebec

Sieeka Khan, Tech Times 21 March 2021, 10:03 am

The Brazilian consumer watchdog has fined the tech giant Apple $2 million for not including a charger in the newly-launched iPhone 12 series.

The Brazilian consumer watchdog accused Apple of allegedly engaging in misleading advertising, selling a device without the charger, and unfair terms.

Apple fined $2 million in Brazil

In October 2020, Apple announced that the iPhone 12 series would not come with chargers or earbuds in their boxes, citing environmental concerns. The new iPhones come with only a USB-C to Lighting cable.

Brazilian consumer protection regulator called Procon-SP has now fined Apple for not including a charger with the device. In November 2020, the agency stated that the iPhone maker "did not demonstrate environmental gain," as noted by 9to5 Mac.

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According to Procon-SP, the the issue is misleading advertising as iPhone 11 Pro consumers reported that Apple did not repair their phones after problems with water.

The agency also stated iOS update problems and unfair terms as other issues as Apple exempts itself from all legal and implicit guarantees and against hidden or not apparent defects.

Procon-SP Executive Director Fernando Capez stated that Apple needs to understand that in Brazil, there are solid consumer protection laws and institutions and that smartphone manufacturer needs to respect these laws and these institutions.

Apple is yet to comment on Procon-SP's charges. While the iPhone 12 mini costs $729 in the United States, the same phone is around $1,200 in Brazil.

Apple had introduced the iPhone 12 series last year and announced that the phone would only have a charging cable inside the box without a power adapter and headphones.

According to Apple, it will reduce 2 million metric tons of carbon, which is equal to removing 450,000 cars in just one year, as reported by The Verge.

Apple's lawsuit

Aside from the fine in Brazil, Quebec's Court of Appeal has approved a class-action lawsuit against the Apple. The plaintiffs claim that the tech giant had violated the part of Quebec's Consumer Protection Act with product batteries that have a limited lifespan.

Law firm LPC Avocat Inc. wrote online that the one-year warranty period that is offered to consumers in Quebec is not a reasonable length of time, having regard to the price paid and intended use of Apple Products.

The law firm also argued that Apple further violated the Act by not informing AppleCare and AppleCare+ purchasers both orally and in writing of the existence and nature of Quebec's legal warranty outline.

So, who is eligible to participate in the class action?

According to Narcity Quebec, the first group includes all of the customers who bought an iPhone since Dec. 29, 2014, according to Montreal Gazette.

The second group, according to LPC Avocat Inc., includes all of the consumers who bought AppleCare and/or AppleCare+ for an Apple product, including an iPhone, Apple Watch, iPad, iPod and/or MacBook since Dec. 20, 2015, and who were not informed of the legal warranty under the Consumer Protection Act at the time that the product was purchased.

According to the law firm, the class-action lawsuit is seeking punitive damages in the amount of $300.00 per Class Member. The other possible damages are yet to be determined.