Apple was convicted in Brazil in a class action lawsuit accusing the company of serving false advertising on iPhone 11 water resistance
A apple was convicted in Brazil in a class action civil case adjudicated in the Court of Justice of Pará on charges of misleading advertising in relation to the iPhone 11. The Brazilian Association for the Education, Culture, Protection and Defense of Consumers, Taxpayers and the Environment (AdecamBrasil) has collected complaints from users who have felt offended by devices that showed defects after minimal contact with the liquids.
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The class action sought the payment of more than R $ 100 million in compensation by Apple, on charges of false advertising. The lawsuit also provides for material and non-pecuniary damages, in the amount of BRL 5,000 to the injured consumers, as well as an application for an urgent injunction to withdraw the advertising regarding the waterproofing of the iPhone 11s.
The decision came from Judge Roberto Cézar Oliveira Monteiro, of the 7th Civil and Commercial Court of Belém do Pará, who accepted AdecamBrasil’s request and sentenced Apple to pay collective non-pecuniary damages in the amount of R$ 5 million. The lawsuit accuses Apple of misleading consumers by revealing that the iPhone 11 is water resistant and the warranty does not cover the aforementioned damages.
The magistrate claims that Apple has practiced misleading advertising, pursuant to article 37 of the Consumer Code. According to the decision, the propaganda regarding the waterproofness of the iPhone 11s was mixed, fractional and incomplete; omitted details about the certification and did not explain them satisfactorily – in his opinion, the campaign implied that “water resistant device means its full exposure to liquids”, within the limits of 30 minutes and 4 meters depth .
Apple was ordered to pay collective non-pecuniary damages of BRL 5 million, due to the violation of trans-individual rights: collective, widespread, individual and indivisible. The amount should be allocated to the National Fund for the Defense of Widespread Rights.
In addition, there was an order to pay individual non-pecuniary damages to the iPhone 11/Pro/Pro Max buyers in the amount of BRL 1,500. However, only consumers who bought the iPhone 11 by the date the company was sued in the lawsuit — November 2020 — will be able to sue.
What does Apple say?
Apple claims that AdecamBrasil acted opportunistically and that the group does not have the legitimacy to represent all consumers allegedly harmed, nor did it attach a list of associates. Apple also denied the allegations of fractional or incomplete advertising and said that the water resistance cannot be confused with the waterproofness of the device.
Apple’s defense also argued that iPhones 11 pros and Pro Max comply with the NBR standard IEC 60529:2017, which governs water and dust resistance certifications. Furthermore, they said that the information disclosed by the company is clear and that there was no evidence of material damage and collective moral damage.
Apple usually does not comment on ongoing trials and can still appeal the second instance of the judge’s decision.
Source: Mac Magazine
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Source: Terra
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