As Apple’s new products no longer give away adapters, students from Beijing University of Chemical Technology and Donghua University recently teamed up to take Apple to court, where they requested Apple to deliver the phone charger and assume responsibility for breach of contract and pay for the cost of a separate adapter. It is reported that the case was heard in the first instance in September this year. In the court, the plaintiff and the defendant conducted a session of evidence and cross-examination, and the case is still in the stage of additional evidence and written materials.
Give me back my charger! Buying a phone without a charger, law students rise up to defend their rights
“The majority of consumers and even Apple employees are equally upset and resentful about the serious infringement of consumers’ legal rights, but most people have become the silent majority.” Fang, a law student at Beijing University of Chemical Technology (BUC), recently said forcefully in the “Small Town Cup” Public Interest Star Creative Litigation Competition.
Not to be caught in the spiral of silence, the members of the “Legal Beauty Team” from Beijing University of Chemical Technology and Donghua University chose to stand up and fight against Apple with the weapons of the law to defend their legal rights.
Starting from the iPhone 12 series, Apple’s product box contains only the phone and a USB-C adapter cable, and is no longer equipped with a power adapter and headphones. In this regard, the explanation given by Apple is due to environmental considerations. In Apple’s view, this move can reduce carbon emissions and avoid mining the use of rare materials. And without headphones and chargers, the outer packaging can also be smaller and lighter, improving logistical efficiency and reducing carbon emissions even more.
But many consumers have become victims of Apple’s move, and Fang is one of them. She bought an iPhone 12 Pro Max phone and chose to use legal means to defend her rights after finding out that the accompanying phone did not come with a corresponding charging device. “According to the transfer of the slave object with the master object and social transaction habits, the purchase of the phone should be equipped with a charger.” A team of college students in Beijing and Shanghai defending the legal interests of individuals as well as Apple’s consumer base was thus formed.
In May 2021, Fang and his team members filed a petition with the Beijing Dongcheng District People’s Court, where Apple Electronics Trading (Beijing) Co. requesting that Apple be ordered to deliver the phone charger; assume liability for breach of contract, pay $100 in liquidated damages and bear the costs of litigation.
In September this year, the case was heard at the online court site of the Beijing Internet Court’s electronic litigation platform applying ordinary procedures, and the trial lasted for two hours. Several college students and professional lawyers engaged in a heated exchange across the Internet.
The courtroom confrontation lasted for 2 hours
First of all, Apple’s agent argued that on the box of iPhone 12 pro Max, it was clear that the complete package content of iPhone 12 pro Max, i.e. not including the charger, was equipped with usb-c to lightning connection cable. Therefore, the contract of sale between the two parties does not include the power adapter. “Apple’s hint on the power supply design lacks prominence.” Fang compared the instructions on the box of the Apple phone for the power supply design and the product advertisement, the text style size contrast is very obvious.
Then, Apple’s agent produced a proposal from the Ministry of Industry and Information Technology on guiding consumers, sales companies, and manufacturing companies to change their perceptions and promote separate sales of cell phones and power adapters. This seems to prove that the separation of sales is recognized and promoted by the relevant state departments. However, Fang clearly pointed out that the proposal itself is “a proposal to unify the connection plugs and ports between cell phones and chargers”. It is difficult to achieve the separation of the sale of cell phones and chargers when the connection plugs and ports between cell phones and chargers are not widely unified.
It is worth noting that Apple, unlike most cell phone manufacturers, has never used the Micro USB port on the cell phone side of the charging port, but has always been a unique lightning port (lightning port); its cell phone products connected to the power adapter side, always USB-A interface, since the iPhone 12 series has become a USB-C interface. Completely different from other charging products on the market, it is impossible to achieve interchangeable use between different models of cell phones and chargers.
Apple’s agent pointed out that in the product’s “Power and Battery” description, Apple makes it clear that consumers can charge the device by connecting it to a computer or power adapter via USB, and that “there is no way to know from this webpage what computer or power adapter needs to be connected to charge the device, nor is there any way to know whether fast charging is possible by connecting it to a computer via USB. There is no way to tell from this webpage what computer or power adapter needs to be connected to charge, or whether connecting to a computer via USB will enable fast charging. In addition, consumers cannot use the USB-C to lightning cable to connect to the original Apple power adapter for charging as advertised by Apple.” Fang also refuted this claim.
In addition, Apple’s agent argued that separation sales are a common situation in cell phone sales. But in fact, before the launch of iPhone 12 series, the mainstream cell phone manufacturers in the market are equipped with chargers. Not only that, after searching, Fang found that Xiaomi, Meizu, etc. provided three packages for consumers to choose from when selling their cell phone products: those with chargers, those without chargers, and those with phone chargers and headphones, with different prices for the three packages, giving consumers the right to choose independently. This is a clear difference from Apple’s separate sales.
“Environmental protection” is also a term repeatedly mentioned by Apple’s agents. But is not equipped with chargers for environmental considerations, or to expand profit margins?
Apple advertised MagSafe wireless charger at the bottom of the sales interface of iPhone 12. In Fang’s opinion, this is the ironclad evidence of Apple’s “double-crossing”. “Apple is only using the environmental gimmick to sell its new product MagSafe.” Wireless charging is the charging method with the lowest conversion efficiency. By vigorously promoting wireless charging, Apple is putting the practical value of wireless charging before the environmental value; and by no longer attaching the power adapter, it is putting the practical value of the charger after the environmental value. Therefore, according to Fang, Apple’s actions are just a way to increase corporate profits by reducing the necessary use of accessories by consumers under the pretense of environmental protection.
“According to the relevant provisions of the Civil Code, the graphic information on Apple’s official website is a format clause, and the defendant cannot use this as a reason to refuse to deliver the power adapter. Apple has acted fraudulently in the process of selling the phone, and we are unable to charge it with the existing power adapter as stated on Apple’s official website, neither matching nor using the fast charging function properly. ” At the end of the trial, Fang stated. Currently, the case is still in the stage of additional evidence and written materials.
“We hope that through this case to awaken the awareness of consumers to protect their legitimate rights and interests and actively join the team to defend the rights and fight bravely for public welfare!” At the end of the final presentation of the day, Fang said passionately on behalf of the group members. Source