For Brazilian justice, Apple did not make mistakes by slowing iPhones

For Brazilian justice, Apple did not make mistakes by slowing iPhones

The controversy came back this week! We have just commented that after Apple lost class action in the United States for leaving Slower iPhones (devices with worn out batteries) – and having to pay up to $ 500 million for that – the Procon-SP notify the company to find out if it also intends to pay the same indemnity to Brazilian consumers; since «the product is the same, the damage and injury are identical».

Over here, the Brazilian Institute of Consumer Protection (IDEC) received reports of about 350 owners of iPhones, which had their speeds reduced after updating iOS and the system identified that their batteries were degraded.

But the fact is that, regardless of the opinion of Procon-SP, this certainty is not shared by other Brazilian bodies, as reported by Tilt. THE National Consumer Secretariat (linked to the Ministry of Justice) and Public Ministries of Rio de Janeiro and Paraná they opened an investigation, but everything was shelved – they thought there was not enough evidence and believed that Apple had already taken the necessary steps.

The only major process opened here was led by the Brazilian Institute of Politics and Informatics Law, in 2018. In it, an indemnity of R $ 986.7 million was requested for moral damages, and that consumers received the amount paid for the iPhones involved in the controversy.

In the first clash, nothing was done: the Court of Justice of the Federal District and Territories nor did he assess the evidence and dismissed the cause as unfounded.

THE Public Ministry of the Federal District (MPDFT) then he appealed and, in the second instance, a new defeat – for the judge João Egmont, there was no planned obsolescence on the part of Apple since the company acted to preserve the users’ experience, hampered by the deterioration of the battery. He further said that Apple has complied with the Consumer Protection Code by offering replacement parts at a more affordable price.

At the beginning of the year, IBDI introduced two new resources: one forwarded to the Superior Court of Justice (STJ) and another to Superior Federal Court (STF). The institute claims that the case has violations of the Civil Code, Civil Procedure, Consumer Protection and the Federal Constitution.

The fact is that, of all the processes envisaged by relevant national bodies, only one is proceeding in court – and, so far, without success.

It is worth noting that Apple has already suffered losses not only in the US, but also in Italy and France, places where it had to shell out a few million euros.

via Tecnoblog