Apple gets $19M fine in Brazil for not selling iPhones with charger
engadget.com
engadget.com
1. The lawsuit started when Apple dropped the chargers coming with the phone, but had just changed the cable connection, so you would need a new charger anyway.
2. Apple chargers often have ludicrous prices in Brazil.
3. Apple products in Brazil are in general expensive, people do not replace their iPhones every generation, it wouldn't be a stretch to guess that almost all iPhone purchases are first time purchases, or people replacing really old phones, thus as a rule, they don't have the appropriate charger.
4. If Apple doesn't give the charger, or sell it really cheap, Brazillians WILL use chinese knockoffs that set themselves on fire, it is just the reality in the country where all tech is crazy expensive.
This makes no sense. The government should fix their charger regs and prosecute companies who don't comply, if the chargers are causing electrical fires.
The government has little control over what random Chinese devices you order. Countries cannot even prevent people from just mailing cocaine, imagine if every random Chinese electrical device needed to be verified to have been engineered to a certain standard. No counry on earth had 1/100th the border agents necessary to do that.
They are 8-10x a basic utility of your laptop. That breaks faster then my laptop. I travel a lot, cable generally lasts a year.
Yes, manslaughter.
The question is if Apple knew this was a problem and the degree to which they knew and made excuses or marketing for it.
That makes no sense, Lightning was introduced in 2012. And the older Dock Connector chargers had detachable USB cables (I don't remember Apple ever using bonded chargers), so you could have used your existing charger with a new cable.
And an other commenter reports that the judge commented:
> telling Apple that it could help the environment in other ways, such as giving its devices USB-C support.
But Lightning predates USB-C by 2 years. There was no USB-C to switch to when Apple introduced Lightning.
And I can understand and emphasise with immediately switching over from and obsoleting all the "brand new" Lighting-based docks & co.
Apple has started the switch with a few ipads (and obviously all the macs), and I've been expecting the deprecation of Lightning this year or the next, as it's been a decade, which is about how long the Dock Connector existed before the introduction of Lightning (though it survived Lightning for a few years in older devices and developing countries, IIRC Apple stopped selling the last dock connector device around 2015).
> 4. If Apple doesn't give the charger, or sell it really cheap, Brazillians WILL use chinese knockoffs that set themselves on fire, it is just the reality in the country where all tech is crazy expensive.
But how is that Apple's responsibility? And surely they'll do that either way so they can have multiple chargers?
So the iPhone package would come with the phone itself, and a USBC-lightning cable, but the USB-C brick wasn't included and was ludicrously expensive, and nobody had one since it was new.
It all comes down to: is the average buyer be reasonable expected to already have that fundamental piece at home? And in Brazilian market the answer to that is a clear no.
Maybe it's that more recently Apple switched the bundled cables from A to C, but didn't provide a charger brick, so people who still only had USB-A chargers were SOL? That would make a lot of sense as well, and I would understand the anger.
Yes, this is what happened on the iPhone 13 (may have been 12).
If they were really worried about capacity (per shipping container) and reducing e-waste, they’d make the adapter available as an optional add-on at cost — making it free would likely generate more e-waste, since everyone would just go for the free charger.
If you were switching from a Lightning iphone to a Lightning iphone, then yes. But say you were switching from an older Android phone, or a limping iphone still on dock connector?
Also, if you were using an older Android etc. you are still not required to use the USB-C to lightning cable. You can get a USB-A to lightning cable for cheap, and those aren't as liable to burn down your house as a cheap charge brick.
It started with the 11, but only for the Pro models. 12 everything was USB-C.
There is a regulation in Brazil that determines newly purchased products should come with any components essential to the use of such (expensive, i.e., $1450+ in Brazil) products. In the case of iPhone, this means coming with a charger. Just like you, Apple assumed everyone in Brazil would have an Apple compliant charger sitting around, but the regulation exists exactly to avoid it.
I can see them using to constraint their warranty, so when a problem happens to the phone they would have an excuse not to fix it: "oh, we see here you haven't been using a compliant charger. Warranty voided."
"Apple's responsibility" is determined, in countries with consumer protection laws, by that country's authority. In this case, it's Apple responsibility because Brazil says it's good for their consumers. It does stand to reason that having more high quality chargers from Apple is better than having fewer.
- it wouldn't be a problem if Apple did use USB-C, because "good enough" USB-C chargers are "everywhere" (e.g. come with your laptop, tablet, previous phone, etc.). And aren't too expensive either.
The Apple charger I got with my Macbook Air is the only charger with usb-c female I've ever had. USB-A male to Lightning male or USB-C female to Lightning male would probable be better.
Almost all cables have either USB-C male to USB-C male, or USB-C male to something else.
A USB charger that is male would be so unusual, I can't even imagine what it would physically look like.
See also Lenovo laptop chargers - https://www.lenovo.com/au/en/p/accessories-and-software/char...
I have a bunch of things like this around the house. I'm not trying to deny the existence of usb-c female power adapters, but IMHO they are a more recent phenomenon than usb-a female power adapters, and the male-ended usb-c power adapters that ship with many devices.
I'm not trying to justify whatever's going on in Brazil, but usb-c female to lightning or usb-a male to lightning would be generally easier to accomodate, for me. I also have (for instance) usb-a female sockets in the car.
Those are chargers that have an integrated cable that of course ends in male.
I really didn't know those still existed. It seems like such atrocious design -- the vast, vast majority of consumer electronics has moved to separating the charger and cable when using USB, precisely so you can reuse chargers and replace worn cables. I'm pretty shocked Nintendo and Lenovo are so backwards on this. Is there really a significant cost savings or something for them? It's so user-hostile.
Through it is without question pretty user hostile that they haven't updated their design wrt. this aspect in recent years.
Edit: I'm a jackass, and this is wrong.
USB-C notebooks are still very expensive here. I just brought a new Dell Inspiron. IT have greate specs but still uses the old dell charger.
What if they required some “expensive” proprietary battery that was sold separately? (Power tools do this in the US)
For me, I don’t know anything about Brazil, but this lawsuit only makes sense if they misled the public into believing there would be a cable included. Likely, it was very clear about was actually included and people just didn’t read it or care enough (already deciding they’d buy a knock-off). I remember this moment in time and it was pretty well known in the US from my recollection. Even my non-tech friends knew about it and were kind of upset that it would cost them more and all their existing cables and accessories would be obsolete.
The answer is: Yes.
Also doesn’t quite make sense why charging cables is different than any other power source. Batteries for toys, fuel for cars, etc. Seems kind of arbitrary.
I mean, it seems pretty easy to distinguish between those two to me? One set are consumables ("batteries for toys", "fuel for cars"), while the other set are long-lived goods ("charging cables").
AFAIK, technically nobody ever deemed any cable standard enough. I am confident (but IANAL) you would win the suit if you require a USB A to USB C cable, but you will probably get sued.
The problem is that you can't compare the US to other countries in this way. The salaries and what people take home are drastically different. Even inside the US, if anyone bothered to look, you'd probably find that most US citizens outside of wealthy areas give something up to get the next iPhone. Adding the charger on top of that likely has impact, just less so than a place like Brazil.
it's very common for power tools to be sold "body only", i.e. without a battery or charger
Here is an example: https://www.homedepot.com/p/RYOBI-ONE-HP-18V-Brushless-Cordl...
Edit: GP asked for link to tool that costs similar to an iPhone that is body only, here's one priced at $2500: https://www.homedepot.com/p/Makita-18V-LXT-Lithium-Ion-Cordl...
So, I own some Makita equipment. There's a big difference in what Makita is doing and what Apple is doing. Makita sells a baseline product with no battery for the reasons you mentioned at $2500, they sell a bundle with two 5 Ah batteries and a charger for an extra $100, and you can buy batteries and a charger separately for significantly more: https://www.homedepot.com/p/Makita-18V-LXT-Lithium-Ion-High-... (This is one battery with less amp hours)
Apple lets you buy the phone and charger separately; there is no bundle.
I don’t buy the wealth/income factor. A company prices their products and if you can’t afford it, you shouldn’t buy it. That’s a pretty universal concept.
Yes, in that case they would be sued.
It would be a pretty interesting law: Supposing it were wealthy enough, what if the government gave everyone an iPhone?
It could have so many positive effects.
I used to buy my parents phones from the US but they have to get chinese phones with low MRSP now to not get gouged out.
The rules differ between countries, and so does the chance of being caught.
It did work out to some extent in the 80s, with TV manufacturers moving to the Free Trade Zone of Manaus but didn't translate with the high tech stuff afterwards
“People” everywhere else do not replace their iPhones every generation either.
https://www.cnbc.com/2019/02/08/apple-iphone-replacement-cyc...
> Sacconaghi says he expects 16 percent of Apple’s installed base — 900 million iPhones — will buy a new iPhone in fiscal 2019.
> Our customers are holding on to their older iPhones a bit longer than in the past,” Cook said
> He wrote, “In our view, the single most important controversy surrounding Apple today is the iPhone replacement cycle - despite the iPhone installed base growing +9% last year, we now expect units to be down -19% in fiscal 2019, implying a material pushout in upgrade rates.”
> Apple recently stopped disclosing how many iPhone units it sells each quarter. Instead, in its fiscal Q1 earnings report, Apple started to report an iPhone installed base that includes both new and used iPhones.
> "[...] The company cited environmental concerns for removing chargers with every purchase of the device and claimed that the decision will save 861,000 tons of copper, zinc and tin. The Brazilian Ministry of Justice remained unmoved by that reasoning, telling Apple that it could help the environment in other ways, such as giving its devices USB-C support."
Fair enough.https://news.mongabay.com/2019/06/brazil-guts-environmental-...
Not saying Apple shouldn't make the move switch (and it's seemed likely for a while that it'll happen next year)
But here we are only talking about Brazil. Maybe if they project 1000 of years of future sales the figure would make sense? It is also unreasonable to assume every charger is wasted. Some would be used or recycled.
I don't buy the judge's argument about USB-C because the cable that comes with the phone has USB-C on the end that goes to a charging block so there aren't really any compatibility issues. Unless of course that judge was suggesting that Apple shouldn't include a power cable as well using a similar argument for not including the charging block being that "there are plenty around".
861,000 tons of copper, zinc, and tin sounds like a lot of metal to me. Is it minuscule at Apple's manufacturing scale?
AKA, very small.
> So it's Brazil's economic interest that that copper gets mined and used.
No country has an interest on making cooper more expensive.
> Existem bilhões de adaptadores de energia USB-A já em uso em todo o mundo que nossos clientes podem usar para carregar e conectar seus dispositivos. [1]
> Translation: There are billions of USB-A power adapters already in use around the world that our customers can use to charge and connect their devices
Those "billions of USB-A adapters" however won't work with the cable provided in newer iPhones, which is lightning and USB-C.
[1] https://g1.globo.com/tecnologia/noticia/2022/09/06/ministeri...
Just sell the iPhone for $30 more, and give people the option to not buy a charger with their phone for a $30 discount. Adds up to the same thing, but instead of paying extra for the charger, you get a discount if you don't take it in the name of "saving the environment".
There are definitely situations now where I really don't need a new charger when I buy a device, so if I can just pick the "no charger" option, I will. But most likely - we won't get the choice. Because it costs more to Apple and other corporations.
I was a bit surprised that my S21 charged super slowly on my OnePlus 30W charger, so I had to buy a Samsung 25W charger. (There are others that work, but they were all roughly the same price as the official one.)
Behold: https://www.apple.com/shop/product/MHJA3AM/A/20w-usb-c-power...
Nineteen bucks, won't catch fire, gives a real 20W.
Now, it might be the case that you feel the price should be zero bucks with purchase of an iPhone.
Apple disagrees. They don't run promotions of that sort, or promotions, in fact. The price is the price, it's core to the brand.
Same with a case, same with headphones. Need a USB-A cable for charging instead of -C? You can buy that as well.
I'd make a snarky comment about expecting everyone else to pay for your free charger when we don't need one, but profit doesn't actually work that way.
Other entities sell iPhones, in fact, I believe that Apple only sells a minority of phones directly. Those merchants are welcome to toss in a charger, if that's the kind of thing the customer likes.
There are three ways to charge an iPhone, two wireless and one port, all of them run off USB, A or C, take your pick. The only wrinkle is that there are USB-C ports out there which don't speak the standard, something which Apple can't control.
Where's the dongle? Where's the hell?
How so? You are precisely able to pick the charger with the port you want according to the cables you have (or want to buy), instead of having a charger with a port you don't choose (+ the cable matching the port you then don't want to have on the brick side).
FWIW, every year Apple does run back-to-school promotions where they'll give you airpods or something like that with a new mac.
The freebie to get students hooked on a lifetime of product fits the model, they also offer (at least, used to) student discounts on services, like classes for the Apple Stores which have that. Or did? I have no idea if that's started up post-covid or not.
If they were going to give away a free charger, they may as well put it back in the box. They're good chargers, the number of people who would turn it down at checkout is a rounding error.
It would be one thing if the form factor matched all the other chargers sold in the world. I have a pile of USB-C and micro USB cords, like most other people.
But if I bought an iPhone, I have no option to use a charger I already own. The extra purchase is absolutely required to make the device work. It's not the same charger as the other Apple devices I've owned. If your last phone wasn't also an iPhone, it's a required purchase.
It feels deceptive. If they were to "include" the charger, but offer a $19 discount if you didn't need it, that's fundamentally different than advertising a price for the device that is unusable to new customers without additional purchases.
> Apple disagrees. They don't run promotions of that sort, or promotions, in fact. The price is the price, it's core to the brand.
If it was core to the brand it wouldn't be news. I was an iPhone user back in the day and they all came with chargers and headphones. The decision to not include these things is not a branding one, but profit-driven and taking advantage of a captive customer base. Lots of iPhone customers are angry about these decisions, but the weight of changing ecosystems keeps them buying.
Of course you do. I've not seen a cable-bonded phone charger in over a decade now.
You just need a lightning cable, all chargers will have either an USB-A or USB-C female plug.
Why? I have multiple chargers around my house, and only one of them is an Apple charger. The rest are Anker USB-C chargers. My phone came with a USB-C to Lightning cable, and it works fine with any of those chargers.
That's interesting. I got a USB-C charger when I bought a Pixel phone, but it was the only one I've ever owned and it got lost pretty quick. I remember thinking how annoying it was that it didn't work with any other cables in the house. Every other USB-C device I've bought came with a USB-A charger and USB-A to C cable, including my current phone.
Apple is one of the last holdovers from an age where every phone company had proprietary cables and chargers. The way I see it, they are happy to make user and developer hostile decisions in the name of profit because they know their base is too entrenched to extract themselves. This particular one is annoying, and while probably not _that_ bad when viewed in a vacuum, but there is an undeniable trend.
Wow, really? That is an interesting choice. One of the best aspects of USB-C is the increased power ability, which is unavailable if the head end of the cable is just connected to an old USB-A port. I mean, I get that Micro-USB was so awful that everyone abandoned it quickly when USB-C was invented, but why did they half-ass the solution?
I don't buy the argument that Apple is milking users with proprietary cables. They created a solution to Micro-USB when nobody else would, and they've stuck with that choice for 10 years. They have been moving iPads over to USB-C over the past few years, so clearly they will get there with the iPhone too, but you and I both know the bitching about that will be far louder than the complaints now that Lightning is proprietary. An original Lightning cable still works today.
It is interesting but very pragmatic for this situation: until somewhat recently most computers and chargers only had USB-A ports.
Yes! In fact, the only computer I have without any USB-A ports is my work laptop, which is non-coincidentally, an Apple.
What goes around comes around. Don't worry, in a few years you literally won't remember that you thought of USB-C as an "Apple thing". Or at least you won't mention it.
They have always required a proprietary cable, which has always been supplied with the phone.
>> we won't get the choice. Because it costs more to Apple and other corporations.
> Nineteen bucks
I have a feeling that GP meant that the option of charger vs not should be free (otherwise it would not "cost more" to the seller).
Assuming I understood correctly, in that case the consequence would be that many would just pick the "with charger" option just because it's a freebie.
And that's in a country where the median income is around $4,000/year. Imagine in America saving up and paying $10,000 for a brand-new phone and they ask you to pay another $400 for the charger.
A 17 Million (! Dr. Evil flourish!) USD fine, standing next to the doubled price Brazil's government inflicts on its citizens, paints a pretty stark picture here.
There's a problem. It isn't a phone charger problem or an Apple problem, but it's a real one. No pun intended.
That's not entirely true. I got my M1 in a promotion, with a discount. I also got my Watch "bundled" with the bracelet (the packages were literally bundled together), also with a nice discount. That was at a flagship Apple Store.
Also "the price" is not "core to the brand" in Brazil. It changes very frequently and is not a direct conversion of the American price.
Surely any lawsuit should be that you were compelled to pay a higher price because a charger was bundled with the phone, when you only wanted the phone - maybe because you already have a charger, or wanted to use a third-party one.
There's already an Apple extra margin here over the US retail price.
A USD 1000 Dell notebook here is about BRL ~9000 with all taxes. A USD 1000 Apple MacBook is BRL ~20000.
So there's something they charge extra above the well known govt taxes.
That's why no one will say sorry to Apple.
and 20000 BRL is 3788.84 USD.
However, in Brazil this sort of fine has upper limits established by the consumers protection law -- the fine must be based on losses caused to customers; it can't be proportional to revenue or profits.
However in practice imported electronics tend to cost up to about 100% then their original price abroad for several reasons, usually but not exclusively related to difficulties in 3rd world countries e.g. bribes necessary to get the shipment, insurance over shipment theft, margin risk due to volatile forex, etc
For example, atm an iPhone 14 costs 800 USD in the US Apple Store and 7600 Brazilian Reais in the Brazilian one. With the current exchange rate at ~5.20, that's around 80% more. Not that bad actually, that ratio has been worse in the past.
Sorry but this is one of the many plain lies companies tell in order to justify their overpriced products.
iPhone: $800 iPhone in Brazil: $3000
Now with the currency in the toilet and companies "manufacturing" in Brazil (basically just assembling ready-made kits shipped from China) the multiplier is no longer valid, but still, an iPhone 14 basic model is $1461.
For purchase parity calculations: $1461 is about 7 minimum wages in BRL. If that held for the US, an iPhone here would cost some $7500.
Harsh.
When the currency was strong, it was even worse. When I moved back to BR in 2011, BRLUSD was something like 0.9 (strong BRL), and a VW Jetta cost around USD 45000.
Harsh.
1. taxes, although it varies. Imported consumer electronics are taxed more heavily. However, there are regions with fiscal incentives for companies to install their factories here. Products manufactured in such regions are not as nearly expensive;
2. an excess of credit offered by banks. This created an extremely pernicious cultural habit: people don't evaluate the product's price, but the loan's installment size -- regardless of how expensive is the product, the interest paid to the bank, the number of installments etc.
3. there's a fetish for fancy and expensive stuff, they bring social status, and people are idiot enough to accept the prices -- and, with the aforementioned excess of credit, no lack of money can prevent them from shooting their own heads.
These are essentially the same reasons why cars are also so expensive here. Manufacturers say it's because taxes, and ~ 100% of customers buy this bullshit, but this has already been proved wrong a number of times. For any brazilians doubting it, I invite you guys to:
1. look up any article comparing prices of Brazilian-manufactured cars sold locally vs their prices when exported to Mexico. The difference on taxes don't explain the end prices, and the manufacturers and ANFAVEA never provided an explanation for that
2. a statement from Toyota's CEO when visiting Brazil, probably unaware of local idiosyncrasies and the fib told by manufacturers, including themselves: "why should we charge less for our cars if they are paying?"; and then he tried to fix it with a "the prices we charge in Brazil are the fair ones, it's the rest of the world that forces us to charge too little."
3. Nintendo closing its factory due to "an excess of taxes and bureaucracy" while Sony and Microsoft local factories were doing pretty well in the very same market
4. The small credit crisis from 2011 that made car prices to drop extremely sharply within 1 month or so
In 2011, when JAC Motors started to sell cars for cheaper, you saw what happened: government raised taxes over imported cars (maybe a result of a lobby from the other manufacturers?)
That's what happens when 1 manufacturer decides to sell cars for a fair price here.
They could very easily just ignore this as a cost of doing business.
They both know it's a symbolic amount for now.
Repeated offenders get punitive fines added to the mix.
It didn't work in Europe. What makes you think it will work elsewhere?
But we aren't "most people". Surely there's a middle ground here.
And I have to say it, but one piece of the solution needs to be "Apple stops selling junk with proprietary connectors". The space of people who have an extra USB-C charger is MUCH larger than folks who have an extra lightning brick. I've stopped carrying extra bricks around when travelling with the family because the laptop charger does quadruple duty on all the devices.
I totally agree. Lightning was needed before USB-C existed but now it needs to go.
>> who have an extra lightning brick
I've actually never seen a lightning charging brick. Every Apple charger that I have is USB (C or the original/basic A type). Perhaps this is different in other countries.
That fine is sure going to line a few bureaucrats' pockets though!
If the latter then I really don't see why it would be a problem.
But most users don't. They use the included charger. They need the included charger. I frequently see people asking if it's okay to use other adapters and cable with their devices. They don't know and whether it's compatible and they don't want to risk their device.
If not then the fine is justified. Otherwise I'm on Apple's side on this one.
And when all devices will have USBc cables and chargers I will be on the side of not bundling a charger with the product at all. It will just create waste.
My car charger with USB pd can charge my Pixel phone for example but not my partner's Samsung. My bike light uses USB c but not power delivery and nothing except its own charger can seem to charge it. My headlight uses USB c and can be charged by everything I've tried.
It all depends on the implementation. USB c is a horrible anti standard in that regard... The cable fit doesn't tell you whether it's compatible at all.
So they effectively hiked the prices of their phones by quality charger. The thing is, outside of US most people don't change phones every 1/2 years. Heck, most of my 90 colleagues who are IT geeks have 5+year old android/apple phones, mostly androids. So folks generally don't have good fast chargers for modern phones, or USB-C output on chargers at all.
I've grown fed up with this and bought a Anker 65W one, I can plug 3 devices at the same time, both classic USB and USBC, its tiny, doesn't heat up even under 65W. Manufacturers, including Apple and most Androids failed in this (although I grok the marketing aspect and overall possibly net income gain for them).
It's literally on the "what's in the package" page when you buy the phone. Do people here comment without even knowing what they're talking about?
What would you do with a cable that's Lightning on both ends? Connect 2 iPhones? :D
The original iPhone charged from a cable with USB-A on the business end.
This was actually a big deal! Most phones were sold with a custom charger, sometimes a really weird one with thin wires, and God help you when it breaks: even the next version of that same phone probably doesn't use the same connector.
No iPhone has ever been sold with the not-iPhone end being anything other than standard USB, ever.
It is silly that you can buy a device and not be given a way to charge it in the box. And Apple seemingly randomly changes charging ports regularly. In a normal world customer outcry would have forced this issue.
But it is Apple and they care not a whit for their customers.
They what now?
Lightning has been a thing for quite a while.