Brazilian court found iPhone insufficiently protected device

Brazilian court found iPhone insufficiently protected device

Brazilian court found iPhone insufficiently protected device
A Brazilian court imposed an obligation on Apple to pay a compensation to the customer whose iPhone was stolen in Sao Paulo.  It was found that the criminals gained access to the blocked device, and then committed theft of funds from the client's bank account.  The court's verdict, experts say, may indicate insufficient security of the device.

An consumer, whose name has not been disclosed, had a smartphone stolen in June 2021.  The perpetrator quickly unlocked the device and changed the Apple ID.  The victim's lawyer in court expressed the opinion that it was unbelievable that the gadget, which cost 5699 reais in Brazil (more than $ 1000), had such a weak level of protection.
It was iPhone 12, which allows you to unlock the device only using a password and biometrics.
The ZDNet publication reported that the bank where the victim kept the savings was forced to recognize the transactions made by the criminals as illegal and compensate for the stolen money to its client.  This fact convinced a judge in the state of Espirito Santo to file an indictment against the gadget manufacturer.  In the court verdict, it was noted that since the bank compensated for the damage on transactions, thereby the consumer's arguments about the low protection of devices can be considered as proven.

Considering the claim for compensation for non-pecuniary damage, the court noted that the incident was not a ‘simple inconvenience’, since illegal financial transactions caused the client serious fears and concerns until the credit institution itself got involved in the case.
 As a result, now the manufacturing company will have to pay the Brazilian consumer 5 thousand reais (about $ 890).
Experts point out that reputational and financial claims have been accompanying the iPhone maker in Brazil lately.  In the summer, the company was already obliged to send a charger to the owner of the gadget.  And even earlier, the National Consumer Protection Agency (Procon-SP) imposed a fine of almost $ 2 million on the organization, accusing it of the abuse, as one cannot sell a technical device without a unit that ensures its functioning.

 court, Brazil, iPhone, lawsuit

02.12.2021