Apple has already been sentenced to pay a fine of 10 million euros in Italy for false advertising related to the water resistance feature of the iPhone 8 to the iPhone 11. Now the company has also been sentenced in Europe for the same reason involving an iPhone 11 from a user who just took a shower.
According to MacMagazine, Apple was ordered to indemnify the customer by the 1st Civil Panel of the Federal District and Territories Court of Justice (TJDFT). The reason for the condemnation is that the company did not provide enough information for the customer to understand that the device’s resistance to water and dust only works under controlled conditions.
According to the customer, the iPhone 11 was purchased in September 2020 and took the rain in June 2021, when the warranty was still in effect. At the time, the user left the device to dry overnight, but noticed the next morning that the device’s camera was cloudy and Face ID stopped working.
Faced with the problem, the user took the cell phone to the authorized technical assistance, where he was informed that Apple did not cover damage caused by exposure to moisture and would have to pay BRL 3,199 for the device to be repaired, as the problem was caused by misuse .
However, the judge Carlos Pires Soares Neto, one of the TJDFT voters, considers that Apple was not clear when disclosing that the iPhone 11 has IP68 certification and publishing images of the device with splashes of water on its official website, as this makes the consumer believe that the smartphone is water resistant in any situation.
Although the information is clear, in the sense that the damage arising from the contact of the cell phone with liquid is not included in the guarantee, the information is insufficient regarding the way of using the respective device in contact with water, lacking information on the water quality and characteristics (such as fresh and/or salt water), depth, weather and adverse conditions.
Finally, the TJDFT class unanimously decided that Apple should refund the customer with the amount paid for the iPhone 11 and receive the defective smartphone back.
The Apple iPhone 11 is available at Mercado Livre for BRL 2,450 and in Magazine Luiza by BRL 2,870. To see the other 70 offers click here.
