Chinanews client, Beijing, October 27th (Peng Ningling) Recently, "the law students in Beijing and Shanghai sued Apple for not sending chargers" aroused heated discussion.
Beginning with Apple’s cancellation of chargers and headsets for the iPhone 12 series, in recent years, more and more mobile phone vendors have begun to follow this approach.
Some people support the lawsuit against law students, while others think that it is purely enthusiastic and meaningless.
Have the actions of mobile phone manufacturers infringed the rights and interests of consumers?
Data map: Apple CEO Tim Cook preached at the new product launch.
Increase profits in the name of environmental protection?
Law student sues Apple for not sending chargers
According to media reports, due to Apple’s new products no longer donating power adapters, in May this year, students from Beijing University of Chemical Technology and Donghua University teamed up to bring Apple to court, requesting Apple to deliver mobile phone chargers and assume responsibility for breach of contract. , Pay 100 yuan for liquidated damages and bear litigation costs.
The case was opened in the first instance in September this year. In the court, both the plaintiff and the defendant conducted proof and cross-examination. At present, the case is still in the stage of supplementary evidence and written materials.
"The first feeling is that you did a great job!" An iPhone 12 mobile phone user told Chinanews.com that he felt very unreasonable when he heard that the mobile phone was not equipped with a charger.
"When I buy a mobile phone, I have to spend a few hundred more on a charging head!"
It can also be seen from the comments of netizens that many people have deep grievances about buying mobile phones without chargers.
In fact, this is not the first time Apple has been sued for chargers.
In 2020, after Apple canceled the power adapter and earphones that came with the iPhone 12 series on the grounds of "environmental protection" and "everyone has ready-made accessories", in January 2021, "Apple did not send the charger to the court". Hot search on it.
From the company's Weibo.
According to news from Qicha’s official Weibo on January 27, Mr. Yang, a consumer in Xi’an, raised a substantive question to Apple regarding the fact that the new mobile phone accessories did not include a charger, and took Apple to court.
Mr. Yang made several major demands: According to law, the defendant (Apple) was ordered to replace the USB-C to lightning cable with a USB-A to lightning cable free of charge; the defendant Apple was ordered to provide a USB-A to lightning cable compatible with the USB-A to lightning cable. Matching charging adapter.
But this case did not see the following.
Qicha Weibo mentioned that the Qicha APP showed that the court date was January 26, but Apple did not arrive in court in time and did not respond.
Since then, many domestic mobile phone manufacturers have begun to follow this approach.
A mobile phone brand.
Chinanews.com asked at the official flagship stores of many well-known mobile phone brands. One brand store customer service said that in the store, the "official standard" version of the mobile phone does not have a charger and data cable, while the "package one" has a charger and data cable. The price of "Official Standard" is 200 yuan lower than "Package One".
Another brand's customer service replied: "In response to environmental protection, chargers and data cables will not be provided", and you can choose to purchase the package.
The package it provides shows that the price is the same with or without a charger.
"Apple's behavior is just under the pretext of environmental protection to increase corporate profits by reducing consumers' necessary accessories." In this lawsuit, a law student from Beijing University of Chemical Technology mentioned that Apple promoted MagSafe wireless under the iPhone 12 sales interface. charger.
And wireless charging is the charging method with the lowest conversion efficiency.
Apple's vigorous promotion of wireless charging is to put the practical value of wireless charging before the environmental value; instead of attaching the power adapter, it puts the practical value of the charger after the environmental value.
According to previous media reports, Apple’s new smartphone iPhone 13 may soon face penalties in Brazil because it does not come with a free charging plug.
According to reports, in March of this year, Brazil issued a fine of $1.9 million to Apple for similar issues, and Apple also lost a related civil lawsuit in Brazil.
According to the Brazilian consumer protection agency, the practice of not attaching a charger to Apple's mobile phone is equivalent to a price increase in disguise.
Useless show?
Lawyer: This is also defending the rights of other Apple consumers
After the news came out, many netizens expressed their support for rights protection, and some netizens questioned: Is there really no way to use them?
"Buying a mobile phone without a charger is the same as buying instant noodles without seasoning. I have never heard of buying special seasonings."
There are also people who think that since it is stated in advance that the charger will not be sent, there are so many brands, why not buy it?
Think that this behavior is only for bloggers' attention.
Regarding the legal issues in this incident, Zhang Xinnian, a lawyer from Beijing Zhongwen Law Firm, said in an interview with Chinanews.com that in fact, it is well known that without a charger, a mobile phone will not be able to be used normally. The charger should belong to The mobile phone is standard; in law, the mobile phone can be regarded as the main item in the purchase and sale contract, the charger belongs to the subordinate item, and the Apple mobile phone can only be adapted to the Apple charger.
"Therefore, even if Apple told consumers not to provide chargers in the standard terms, it is suspected of breaching contractual obligations."
Zhang Xinnian said that prior to this, all merchants, including Apple, have distributed chargers when consumers buy mobile phones. This has already formed market trading practices and Apple should abide by them.
Regarding the "bo eyeball" argument, lawyers believe that consumers have the right to seek judicial relief when they believe that their legitimate rights and interests have been infringed, and lawsuits should be filed in courts in accordance with the law. Students' rights protection actions should be affirmed.
"This lawsuit has public interest value, and the students are actually defending the rights of other Apple consumers." Zhang Xinnian said that once the lawsuit is won, Apple should also resolve the same problems faced by other consumers.
(over)