No one expected: Judge Felipe Poyares Miranda of the 16th Stick Court of So Paulo has just announced his decision on a lawsuit filed by PROTESTE (Brazilian Association of Consumer Protection) concerning alleged misleading advertisements carried by Apple in the country and, see, Ma seems to have gone wrong with that.
The whole problem revolves around storage capacity announced iGadgets Specifically sold by Apple reported in the action are the iPhones 5s and 6 and the iPad Air, Air 2, mini 2 and mini 3. According to the association that filed the lawsuit, Ma deceives the consumer because the usable space on these devices. lower than that announced by her.
This, as is well known, is a paradigm that affects any electronic memory device with internal memory. This post exemplifies this well, but Justice has judged that Apple practices “misleading offer” since, as determined, more than 3GB of capacity The devices are occupied by elements such as the operating system and pre-installed applications.
Now Apple must, within 30 days, withdraw said misleading advertisements from circulation and correct any previously published information about said uneven storage capacity; If you fail to comply, you must pay a daily fine of $ 100,000. All advertising of these devices from now on should also contain caveats about the memory available for consumer use.
In its defense, Ma's team of lawyers denies that there is misleading advertising in practice; According to the company, the devices actually have the informed consumer capacity and it would be impossible to say precisely how much memory would be occupied by native elements and how much would be effectively available at the time the device is first turned on. In addition, Apple says, the company's website already has a technical explanation about the vicissitudes of storage capacity; Finally, Ma says its consumers buy their iGadgets for a number of reasons and not just for the purpose of storing data.
Nevertheless, it is still unclear whether Apple appeals the decision.
tip of Guilherme M. Uploads, via Folha de S.Paulo