Last Wednesday (17) the 13th Special Court of Civil and Consumer Affairs of San Luis, Massachusetts ruled that apple refunds 159 BRL to the client due to tying practices. The point is the lack of a mobile phone charger when buying an iPhone.

The situation occurred in August 2022, when a customer received an item at their home, but noticed that the charger was missing, making it impossible to use the device. Given this circumstance, the consumer claimed that he was forced to purchase the original charger for 159 reais in order not to lose the warranty.

The defense argued that the client was the victim of a sellout because he was forced to buy two products in order to fully enjoy the mobile phone. In response, Apple pointed out that the lack of a charger does not make the device unusable, as there are other ways and devices to recharge it.

However, in the decision rendered by Judge Diva Maria de Barros Méndez, it was emphasized that for the device to function properly, it is necessary that the charger was supplied with the mobile phone. According to the judge,it seems obvious that for the device to work properly, it is necessary that it be properly charged with electricity, which will only be effective if the charger that is supposed to accompany the product is connected and used. The charger is an integral part of it.“

Series of legal defeats

Not having a charger is an excessive benefit under the Consumer Code, as it imposes on the consumer the need to purchase a charger in order for the device to function properly. The judge stated that this practice characterized a disguised or indirect sale with related products, even considering that the author should have known about this dispute several years ago.

As regards the request for compensation for non-pecuniary damage, the Justice of the Peace indicated that no evidence had been presented in the process that could damage the honor, image or morals of the author. She stressed that a mere breach of contract without any other consequences did not give rise to an obligation to indemnify.

This decision highlights the importance of companies fulfilling their obligation to supply everything necessary for the proper functioning of the products they sell. The practice of bundling sales, even if indirectly, is considered illegal and requires damages to affected consumers.

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Source: Judiciary of Maranhao.

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