Chinese Law Students Sue Apple
Last year Apple decided to no longer ship new iPhones with a charger or earphones, citing the desire to reduce carbon emissions and the use of precious materials, under the assumption that consumers already had multiple adaptors and chargers. Most consumers took the change in stride, although others looked at it as a typical move to reduce costs. As some consumers have discovered, price increases are not the only way manufacturers can cut costs, with smaller product amounts in larger packaging a common way to keep consumers from noticing a technical price increase, but in the case of the iPhone, the difference was quite noticeable.
The Brazilian Consumer Protection Agency did not take kindly to the change and this year fined Apple $2m for making the change, considering such devices as ‘defective’, and the EU has proposed regulations that would force all smartphones to use the USB-C standard, which Apple does not use. Taiwan has also taken up the cause with the country’s Consumer Foundation petitioning the government to begin an investigation into the new Apple practice and the government of France has forced Apple to include the earpods in the box with the iPhone 12, citing a law that says all smartphones must include a ‘handsfree kit’ to protect children under 14 from the effects of electromagnetic radiation on developing brains.
While Apple still cites the positive environmental impact of the removal of the charger and earphones, those claims are refuted in a new lawsuit against Apple instituted by a group of law students in China. In a 2 hour on-line court appearance the students defended their lawsuit (which asks for compensation of $16 + legal fees) noting that 1) the Apple interface is not compatible with USB-C chargers, which are the de facto standard, forcing iPhone 12 users to buy a specific charger for the iPhone; 2) Apple’s contention that separate charger sales are common is untrue as before the iPhone 12 most mainstream smartphones were equipped with chargers 3) Apples claim that environmental factors were the basis for the change is false given that Apple advertises the MagSafe wireless charger in the iPhone packaging, which uses the most inefficient charging method, putting the value of the charger ahead of environmental issues;, all of which add up to ‘fraudulent behavior’ by Apple.
The case, which was defended by a group of Apple lawyers, is in limbo as supplementary evidence and written materials are being submitted, but the plaintiffs “…hope to awaken consumers' awareness of protecting their legal rights through this case, with the courage of a single spark can start a prairie fire…” While no determination has been made, if these young ladies prevail, Apple could face further legal action pushing back on their charger/earphone decision, which was also followed by Samsung. Many Chinese brands offer separate smartphone packages with or without chargers and earphones, allowing consumers to choose, and China has been rather aggressive toward big tech recently, so it might behoove Apple to find a solution that does not draw publicity, attracting increased focus by Chinese authorities. In the long run however, the most important issue for Apple is the ‘forced’ standardization of USB-C adaptors in the EU, which could force Apple to either change adaptors for the region, an expensive proposition, or change across the board. We expect Apple to spend millions on lobbying to prevent either result, but its hard to get the genie back in the bottle once it is out.
The Brazilian Consumer Protection Agency did not take kindly to the change and this year fined Apple $2m for making the change, considering such devices as ‘defective’, and the EU has proposed regulations that would force all smartphones to use the USB-C standard, which Apple does not use. Taiwan has also taken up the cause with the country’s Consumer Foundation petitioning the government to begin an investigation into the new Apple practice and the government of France has forced Apple to include the earpods in the box with the iPhone 12, citing a law that says all smartphones must include a ‘handsfree kit’ to protect children under 14 from the effects of electromagnetic radiation on developing brains.
While Apple still cites the positive environmental impact of the removal of the charger and earphones, those claims are refuted in a new lawsuit against Apple instituted by a group of law students in China. In a 2 hour on-line court appearance the students defended their lawsuit (which asks for compensation of $16 + legal fees) noting that 1) the Apple interface is not compatible with USB-C chargers, which are the de facto standard, forcing iPhone 12 users to buy a specific charger for the iPhone; 2) Apple’s contention that separate charger sales are common is untrue as before the iPhone 12 most mainstream smartphones were equipped with chargers 3) Apples claim that environmental factors were the basis for the change is false given that Apple advertises the MagSafe wireless charger in the iPhone packaging, which uses the most inefficient charging method, putting the value of the charger ahead of environmental issues;, all of which add up to ‘fraudulent behavior’ by Apple.
The case, which was defended by a group of Apple lawyers, is in limbo as supplementary evidence and written materials are being submitted, but the plaintiffs “…hope to awaken consumers' awareness of protecting their legal rights through this case, with the courage of a single spark can start a prairie fire…” While no determination has been made, if these young ladies prevail, Apple could face further legal action pushing back on their charger/earphone decision, which was also followed by Samsung. Many Chinese brands offer separate smartphone packages with or without chargers and earphones, allowing consumers to choose, and China has been rather aggressive toward big tech recently, so it might behoove Apple to find a solution that does not draw publicity, attracting increased focus by Chinese authorities. In the long run however, the most important issue for Apple is the ‘forced’ standardization of USB-C adaptors in the EU, which could force Apple to either change adaptors for the region, an expensive proposition, or change across the board. We expect Apple to spend millions on lobbying to prevent either result, but its hard to get the genie back in the bottle once it is out.
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