The Defense General of the Union (AGU) won the case, so Apple is required to include the charger in all iPhone sales., regardless of the model or generation of the device sold in Brazil. The news was released by the institution on Monday (27).

Following a lawsuit filed by AGU, Judge Daniele Maranhao of TRF1 ruled on March 14 that Apple must provide battery chargers with the sale of new iPhones in Brazil. If the company does not comply with the determination, the sale of cell phones will be officially suspended by order of the Ministry of Justice..

AGU has filed a request for an appeal by Apple, which sought to stay the Justice Department’s September 2022 decision to stop selling iPhones without a charger. According to the ministry, the practice may include various violations against the consumer, such as the sale of incomplete goods, the transfer of responsibility to third parties and the binding of sales.

“The Attorney General’s Office demonstrated in court that Apple Computer Brasil must supply a charger with an iPhone, regardless of model or generation. Thus, until this determination is made, the sale of cell phones must remain suspended,” the PSA said in a statement.

Even fined Apple insisted on selling without a charger

In March of this year, MPMG fined Apple nearly R$12 million for selling an iPhone without a charger, forcing the consumer to buy the two products separately. This is not the first time a company has received a fine for such a practice.

This is because Apple was fined BRL 100 million by a São Paulo court for not including a plug adapter in the iPhone box and will have to offer the accessory to consumers who bought the smartphone. Now, a court decision keeping the sale as binding makes it possible to sell the chargers with the device again.

The report notes that all authorities of the National Consumer Protection System and the judiciary share the understanding that the practice is offensive and therefore illegal, harms consumers and violates Brazilian law.

AGU highlighted Apple’s stance on the case, stating that even after the fines imposed by prosecutors in São Paulo, Fortaleza, Santa Catarina and Caldas Novas (GO) and court verdicts in the country, the company failed to take mitigation measures, insisting on sale of cell phones without chargers.

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Source: ASU

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