Brazil seizes iPhones from stores due to free charger requirement
9to5mac.com
9to5mac.com
Brazil has a consumer law, that defines what companies can/can't do when selling to consumers. It has like, warranty minimums for durable goods (90 days), "no questions asked" return right for virtual purchases (7 days), etc... among those there is a very special one called "Venda Casada", which translates to tie-in/combined sale.
The "venda casada" article forbids the condition of an purchase to the necessity of purchasing another item (from whoever is selling it). For the Apple case, the judge understands that by removing the charger (and therefore selling as a separate product), Apple is forcing the consumer to purchase 2 items when acquiring an iPhone, as the charger is a must have item for a smartphone, and to make things worse, Apple has a proprietary charger so new customers and those migrating from other platforms (like android) will need to buy the charger.
The rationale is pretty similar to a TV brand selling a TV without the charging cable, since everyone has a TV, so they surely must already have a charging cable.
This is a law, it is not Brazil government/judiciary with some vendetta against Apple. Many companies have had decisions against them because of this.
I hope this helps make things clearer. Cheers!
"When using electronic accessories with your iPhone, ensure that they are either genuine Apple products or that they have been certified as Made for iPhone under the MFi program. Certified items come with the "Made for iPhone" logo on them and/or on their packaging.
(...)
Using uncertified or counterfeit accessories may damage your iPhone and/or adversely affect operation. Apple's warranty does not cover damage caused by use with a third party product that does not meet Apple's specifications."
So you have to buy Apple charger to be able to use iPhone "correctly" and to preserve warrant.
Obviously you can use any charger you want, and your warranty will be just fine.
The OP quoted written Apple policy. If you want to persuasively negate it, it should have more than "Nope!" in response.
So in practice, which is all that matters, it can never void your warranty.
And let's keep in mind, the entire purpose of a standard USB-C port is that you can use any charger. Otherwise Apple would use a proprietary connector on its charger, which it has never done.
So let's just stay in the realm of common sense here, OK? :) No need to be demanding whether someone is a lawyer, sheesh.
But I DO believe it's important to distinguish when one is dispensing legal experience (even if not advice), vs "common sense". Different people will have different preferences and fair enough, but for what little it may be worth, I tend to come to HN to read about (ridiculously frequent and that's what makes this place wonderful!:) people's experience in obscure areas ("I read that article and I worked on Apollo software, here's how it works!" "Yeah, my experience in 2km hole drilling is different...", "CRISPR is great but here's the extremely obscure yet fascinating cutting edge biotechnology area I'm working on" etc), less so about common sense exchange :-)
What the stated purpose is is irrelevant. The reality is that not all usb devices or even cables are the same. If you don't buy Apple charger and cable you might be sorrily disappointed your phone charges at glacial speeds with the one that was laying around your house and worked perfectly for another device.
And if you don't know the many charging standards you might conclude the only way to resolve the issue is to actually buy Apple cable and charger.
My wife can't even name various USB connectors when she asks me if I have so and so cable. Forget about charging or transmission standards, this is something she cannot grasp. For her if the connectors fit they should be working properly. I also am of the same opinion but I also know that it is not how it works in reality.
I don't know if they do it, but it's very easy to have a communication channel between the device and the charger. For instance, my Dell laptop knows whether it's being used with a 65W charger or with a 90W charger, even though the plug and the voltage is the same in both cases.
That does not seem to be true. The standard is a lot more complicated than it used to be, but even back with micro amount of amps a charger can push varied wildly, I have seem chargers that could not even push more than what a device uses while on.
But like I said, it is even more complicated now. The rPI4 at launch with the brand new usbc power supply system only worked with specific chargers not because of amp limits but because the usbc spec.
Also this is ignoring the elephant in the room of the serious threat of cheap poorly made chargers that fry devices. Apple will not replace your device, or your house, if you buy some 10c charger from alibaba that catches fire the second you plug it in.
Because yes, there is an entire level of bullshit on the requirement (the Brazilian Law also forbids that kind of bullshit), but if Apple claims that the charger is a requirement, how can they come and claim it's optional for the intent of not giving you one?
The first paragraph does not list any consequenses for not using Apple accessories.
The second paragraph says that non-Apple accessories *MAY* damage the phone, and that specific damage is not covered under warranty.
(Just be aware that in the U.S., the Magnuson-Moss Warranty Act requires Apple to *prove* that you caused specific damage before they can deny the warranty coverage for that specific issue.)
Edit: If the assertion is logically true from the two paragraphs that were quoted, I would love to hear why, because it simply isn't possible. Downvotes do not automatically mean someone is wrong. Most people are not aware of consumer protections they have, believe companies when they lie, have poor reading comprehension skills, and are emotionally-invested to believe in what they believe is the truth (there has to be a better way to say that last item, any ideas?).
Edit 2: added parenthesis around text based on feedback from a reply.
I would hazard a guess that great majority of people in Brazil do not have either technical or legal knowledge to understand this. Or ability to read specifications and documentation with understanding.
They see officially and seriously sounding warning from Apple and they feel the have to go buy a charger and a cable or loose warranty.
> Just be aware that in the U.S., the Magnuson-Moss Warranty Act requires Apple (...)
Except we are talking Brazil, not US.
I'm aware, that's why I stated "in the U.S.". I added parenthesis to help avoid further confusion.
> great majority of people in Brazil do not have either technical or legal knowledge to understand this
Are you a Brazilian speaking for a culture you are a part of?
This is incorrect. Lightning is only used on the phone's end of the cable. The other end, which connects to the actual charger, is USB-C. This cable is included with the phone.
What the judges are saying is that they not only need to include the cable, but also the actual charger, which in this case is in fact USB-C.
I've found some references to potentially voiding the warranty by using a non-MFI cable. But again, the cable is included with the phone.
Note that the same clause is present in the brazillian warranty.
This one? It doesn't say the charger needs to be certified, only that it needs to meet specifications, which can be found in the tech specs for each product.
The iPhone 14's specs [0] don't seem to mention any requirement for certifications.
I'm not saying you're necessarily wrong but so far I haven't found anything to support your claim. Could you please point me to where I can find the need for a certification?
A sibling comment posted a link to a page talking about PD but that seems to be only a requirement for fast charging, not a hard requirement.
> Fast charging works when you use an Apple USB-C to Lightning cable and one of these adapters:
> Apple 18W, 20W,2 29W, 30W, 35W, 61W, 67W, 87W, or 96W, or 140W USB-C Power Adapter
> A comparable third-party USB-C power adapter that supports USB Power Delivery (USB-PD)
US/EU are large enough so that our protection laws kinda become a possible standard for other countries and so we kinda got used to it actually being a standard.
Brazil has every right to set their own protection laws and in this case it absolutely does not seem to me it is in any way unreasonable.
At least not more unreasonable than US letting customers try stuff out and send it back for free which obviously is abused by large part of population and causes situations where people receive products that look suspiciously like they have already been opened and possibly even used by somebody previously.
My Apple Watch didn't either -- it comes with a charging puck that attached to a cable, but it doesn't come with a charger. Neither did my Magic Trackpad. Or Magic Keyboard.
Not including a charger is becoming more and more standard. I'm curious if Brazil is applying this law equally to all products that charge over USB, or if it's just selectively targeting flagship devices like iPhones?
For other USB substandards, other rules may apply. The rules for USB-C also may change as the market matures.
But keep in mind that this is not "Brazil" targeting, someone needs to sue Apple in the court for this (the judge ruling and fine) to be applied. In this case it was a consumer association, that is getting some 10MM BRL (2MM USD) out of this (so this is probably the association interest, not consumer fairness), but it is in Apple best interest to respect the law and avoid professional litigators to go after them.
Worth to remind that before going to court, there's consumer protection 'agency', known as PROCON, to resolve consumer issues before going to court.
This happened with Samsung. Samsung resolve the issue before going to court. They give a free charger if you ask for.
It does seem that if it works with a standard USB or USB-C charger they should be fine not to include it to provide the consumer choice of what charger they want to use, be it Apple, third-party or an existing one that they had lying around.
A better analogy would be selling a pre-assembled PC without an operating system. And this is illegal in Brazil, although this law isn't strictly enforced.
Not because of free charger, but due to not using a standard charger (USB C) while not including their own non-standard charger.
If we're talking about the cable, Apple does and always has included that in the box.
If we're talking about the wall plug thing that converts AC to DC, Apple no longer gives you one of those in the box, but it has always been standard USB. (USB A for the longest time, but USB C in recent years.)
Most other companies here offer the charging box that is USB-A. While the phone end is USB-C.
So when you buy an iPhone, you get a lightining-USBC cable, while you have a USB-A brick... thus you can't use the iPhone.
In an older thread I gave a more detailed explanation on how this situation happened. But long story short: phones in Brazil are ridiculously expensive, so are chargers, people don't change them often and someone buying an iPhone often is someone that was using a very old phone, sometimes a dumbphone even. And when they don't find a charger in the box, they go to black market to buy some crappy chinese ones that can set themselves on fire.
EDIT: the company I work for sent me a Mac M1... The charger brick that came with it, is the only USB-C charger brick I have. And I have a ton of charger bricks...
Meanwhile I am today using 2 USB-mini to USB-C adapters to charge phones. Because my 2 most reliable chargers are USB-A to USB-mini. I tried switching cables around but then fast charging stops working.
As to why only Apple (and not, say, most wireless earbuds), I'd guess that it's because of their visibility and obscene prices in Brasil. Due to its weak currency and self-imposed import taxes, Brazilians pay over 6 months of minimum wage for the lowest spec iPhone 14.
[1] https://in.gov.br/web/dou/-/despacho-n-2.968/2022-438272613
This seizure was ordered by the Brazillian Ministry of Justice.
Anyway, this decision was from the PROCON-DF that is a part of the Judicial Branch where no Minister of Justice works on. It's also only valid at Brasília.
[1] https://g1.globo.com/tecnologia/noticia/2022/09/06/ministeri...
Gamers complained, in an incredibly amateurish PR stnt Sony decided to launch a campaign justifying the high prices on taxes.
Obviously, people decided to calculate this. Even taking the PS5's RRP in the US or Europe (as opposed to cost) and applying Brazilian taxes on top, the final figures were still around 40% lower than what they were charging.
So taxes are only part of the explantion. Who do you suppose is responsible for the rest of the much higher prices? Are Sony and Apple pricing their products way higher for Brazil? Is it the importers? Or are the retailers simply charging what the Brazilian market will bear?
It should be possible for some enterprising Brazilians to import Sony and Apple products from elsewhere in the world, pay the Brazilian taxes, and still sell for less than the current retailers, which would eventually bring down the prices. I can't understand why that doesn't happen.
In the case of Apple, they sell them directly so I don't think it's anyone but themselves. Not sure about Sony and others.
> Or are the retailers simply charging what the Brazilian market will bear?
This is certainly a factor. Similarly, cars are way overpriced in Brazil, simply because people will pay.
> It should be possible for some enterprising Brazilians to import Sony and Apple products from elsewhere in the world
They do, but usually small scale. I know people who have purchased Apple computers for half the Brazilian price from sellers on Mercado Livre (South American eBay).
Eventually we will get to a million laws and therefore a million different ways that they can bribe, and a million hours any company need to waste to do anything in this country.
This only adds uncertainty and forces chaos into everything. Let alone the arrogance of the government (or bystanders) to get in between what a private company and individuals consumers do.
The government treats the oh so poor consumers like stupid animals who cannot buy a freaking charger separately.
In the end this simply increases the costs for the consumers themselves.
I used to think that way, but I have been changing my mind over the past 5 years as I started to pay attention to some of Brazil's numbers. Its public structure is huge and expensive to keep in comparison to its overall productivity. That translates into more taxes and a natural overhead to any company willing to pay them in order to run a business legally. In the end of the day, the consumer is paying for all that.
As long as there is a USB-A to phone connector cable in there what would you want with another charger? If you really need one, buy one seperately.
If anything I do not want chargers I get with devices because manufacturers cheap out on them and inevitably they are not very good.
Remember news of all those "exploding" devices? You guessed it, third party chargers.
To be honest the worst cables I ever used where apple ones, coincidentally also the most expensive. (And including cables is pretty okay, I think)
If you do not have a charger buy one. It is not like these things break every year or so.
You should check your priviledges before asking such a question.
For a huge amount of the people in the world with an iPhone, their iPhone worth more than all other assets they own together (Brazil is such a country).
Thanks for the great advice.
https://9to5mac.com/2021/09/15/yet-again-brazil-has-the-most...
An iPhone is only being bought by the most affluent in those countries.
Not everyone has extra money. In the US, it’s easy to get an iPhone for “free” that locks you in 2-3 years of credits. A person can be in debt and paycheck to paycheck and get an iPhone.
Apple isn’t doing anything for the environment. They are doing what makes them the most money. We should be on the side of the common person who is like us, regardless of how poor they are or if they got an iPhone they can not afford. There’s no reason to be on Apple’s side.
And if Apple is forced to include a wall charger, what’s stopping them from just charging extra for the phone?
You really don’t think this argument is a little incredulous?
Seeing that 90% of the world even in third world countries have some type of phone, you’re telling me that the person who got the free iPhone in the most expensive country in the world to buy a phone won’t find a way to buy a charger when if they hadn’t gotten the phone for free they would have bought an Android phone - that costs more than the charger?
They could raise the price. They probably wouldn’t do. Those would be the wierdest price points. Apple isn’t gonna charge $10 more per iPhone and have weird first time prices. Like $810 instead of $799
My example isn’t even a stretch. It’s a legit issue that happens. I have multiple examples of it. I don’t want to assume but maybe you’re in some sort of bubble?
For example some years ago shortly after the launch of a new iPhone, it hit the news that a waiter had sold one of his kidneys to buy the iPhone.
I was going to post the link here but... search engines keep prioritizing the Nigerian and Chinese guys that did the same and I can't find the Brazillian one anymore.
Nigerian: https://www.thesouthafrican.com/culture/entertainment/nigeri...
Chinese: https://www.vice.com/en/article/bjqzv5/teen-who-sold-a-kidne...
Hold my beer.
I have at least 10, and I've thrown out, twice as many.
Actually, it's probably a lot more, but I can't be bothered to count. Most are cheap pieces of crap.
I toss out “charging-only” cables, all the time, as well as the crappiest wall bricks, which are likely fire hazards.
I own a lot of kit, so I have many of both.
Funny that, I’m typing this on a phone plugged into a cable I bought in 2016 and with which have travelled hundreds of thousands of miles and is in perfect condition. My dog is right next to me too.
Some qualification of your blanket statement is (as usual for you) required.
I do feel for the resellers that hold them in stock right now, not sure how these units will be treated.
But don't tell this to a geriatric politician who can't understand the concept that God didn't create the original style power outlets (thus making them the forever standard) on the 2nd day of Genesis
Not everyone in the world lives in the hotels you stayed or in your friend's house at Texas. Until then we need chargers for using an iphone with our old fashioned power outlets I am afraid.
This is going on a tangent, but I'm curious: Am I the only one that avoids those sockets like the god damn plague? It's a USB socket of unknown origin/destination, those things are theoretically capable of data transmission. I'm not going to plug stuff like my phone in them, that's like sticking your wazoo in any and every crevice you come across.
I'd personally be more worried that they put cheapest possible one and it will fall apart putting 120/240 on the USB... apparently the wall mounted ones also die pretty quickly because of heat issues
I'll use it if no other option, but otherwise I'll take a pass.
Quite often when you use those the phone will complain and tell you to use only the official chargers, and their warranty doesn't cover damage caused by third party chargers either. Once that's in play the argument that it can charge from any standard USB outlet becomes very shaky.
Brazil has a huge amount of problems with politicians and most of them are not due to a lack of understanding but straight up corruption, this is not one of them.