Apple Hit with 'Planned Obsolescence' Lawsuit in Brazil over Fourth-Generation iPad

Brazilian newspaper Jornal do Comércio reports [Google translation, via MacMagazine.com.br] that Apple has been hit with a class action lawsuit over its introduction of the fourth-generation iPad in the country. The lawsuit, led by the Institute of Politics and Law Software (IBDI), reportedly alleges that Apple's deviation from its usual yearly product update cycle amounts to "planned obsolescence" that harms customers who bought the previous generation of the device.

The institute claims that the iPad 4 is not [an] effective technological evolution [compared to] the iPad 3 or 'New iPad', characterizing [a] sort of "planned obsolescence". In practice, the accusation is that the Apple iPad 3 could have reached the shelves with the characteristics presented in the fourth generation - a processor, a connector and a camera a bit more advanced.

The lawsuit also alleges that Apple did not adequately communicate the discontinuation of the third-generation iPad in favor of the new fourth-generation models in the country, with consumers unknowingly buying the "obsolete" third-generation models.

ipad_4_brazil
An expanded article [Google translation] from O Hoje says that the suit is seeking free replacements for customers who purchased the third-generation iPad, as well as reimbursement of 50% of the purchase price. Finally, IBDI suggests that Apple be subjected to a fine equal to 30% of the value of each third-generation iPad sold in the country to address improper commercial practices and misleading advertising.

Apple said that it was unaware of the lawsuit, which was filed in federal civil court on February 6.

The new lawsuit is not the only difficulty Apple is experiencing in Brazil, as just last week the company officially lost a trademark dispute over the "iPhone" name. The owner of that trademark just barely slipped in under the deadline to make use of the mark by launching a line of Android phones back in December. That company, Gradiente, had applied for the trademark in 2000 and was granted the rights to it 2008. It has indicated that it is open to selling the mark to Apple, although is able to continue selling the iPhone under its current name while additional appeals and negotiations play out.

Update 9:15 AM: TechLinhas reports that it has contacted IBDI about the matter, with the organization claiming that it is unaware of any such action in Brazil. The site is following up further with IBDI and the lawyer quoted in the news stories.

Update 1:29 PM: TechLinhas has now confirmed with the lawyer quoted in the original report that the story is indeed true.

Related Roundup: iPad
Buyer's Guide: iPad (Buy Now)

Top Rated Comments

Steve121178 Avatar
104 months ago
Unless the third generation iPad's all stop working, then they need to stop crying and stop wasting people's time.
Score: 57 Votes (Like | Disagree)
DDaddyx2 Avatar
104 months ago
Funny, my iPad 3 still works fine. Apparently ones bought in Brazil stopped working as soon as iPad4 came out.
Score: 47 Votes (Like | Disagree)
Daalseth Avatar
104 months ago
Apperently...

the US isn't the only country with sleezy lawyers willing to sue over anything. In the US I'd say this would be tossed out within seconds. In Brazil...?
Score: 45 Votes (Like | Disagree)
farleysmaster Avatar
104 months ago
Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...
Score: 42 Votes (Like | Disagree)
tigres Avatar
104 months ago
you have got to be kidding me.

Brazil, go buy your tech elsewhere. Say, from 5 years ago.
Score: 42 Votes (Like | Disagree)
Xenomorph Avatar
104 months ago
So where are all the lawsuits against the Android manufacturers that crap out a new device every month?
Score: 39 Votes (Like | Disagree)

Top Stories

bloodoxygenapplewatch

Apple Watch Series 7 Rumored to Feature Blood Glucose Monitoring

Monday January 25, 2021 5:05 am PST by
The Apple Watch Series 7 will reportedly feature blood glucose monitoring via an optical sensor, according to ETNews. The report, which mainly focuses on the blood glucose capabilities of the Samsung Galaxy Watch 4, explains that Apple is intending to bring blood glucose monitoring to the upcoming Apple Watch Series 7 using a non-invasive optical sensor. Measuring blood glucose levels,...
magsafecasedangle

Apple Elaborates on Potential for iPhone 12 and MagSafe Accessories to Interfere With Implantable Medical Devices

Saturday January 23, 2021 2:42 pm PST by
Since the launch of iPhone 12 models in October, Apple has acknowledged that the devices may cause electromagnetic interference with medical devices like pacemakers and defibrillators, but the company has now shared additional information. Apple added the following paragraph to a related support document today:Medical devices such as implanted pacemakers and defibrillators might contain...
14

Apple Releases iOS 14.4 and iPadOS 14.4 With New Camera Warnings and Bug Fixes

Tuesday January 26, 2021 10:04 am PST by
Apple today released iOS and iPadOS 14.4, the fourth major updates to the iOS 14 operating system that was initially released in September. iOS and iPadOS 14.4 come more than a month after the release of iOS and iPadOS 14.3, updates that brought new emojis, Intercom support, and more. The iOS and iPadOS 14.4 updates can be downloaded for free and the software is available on all eligible...
Top Stories 44 Feature

Top Stories: 'Thinner and Lighter' MacBook Air, Smaller iPhone 13 Notch, iOS 14.4 Incoming

Saturday January 23, 2021 6:00 am PST by
We continued to hear a lot more about Apple's plans for its Mac lineup this week, including word of a high-end redesigned MacBook Air and the return of an SD card slot as part of the upcoming MacBook Pro redesign. It also sounds like Apple has been working on Face ID for Mac, but it won't be appearing in a redesigned iMac this year as originally planned. This week also saw rumors about the...
14

Apple Releasing iOS 14.4 and watchOS 7.3 Later Today

Tuesday January 26, 2021 7:20 am PST by
In its Black History Month announcement this morning, Apple has confirmed that iOS 14.4 and watchOS 7.3 will be released later today. watchOS 7.3 expands the ECG app on the Apple Watch Series 4 and newer to Japan, Mayotte, Thailand, and the Philippines, while iOS 14.4 introduces a notification on iPhone 12 models with non-genuine cameras. Both software updates also add support for a new...
maxresdefault

Microsoft Touts Surface Pro 7 as 'The Better Choice' Over MacBook Pro in New Ad

Saturday January 23, 2021 11:02 am PST by
Microsoft yesterday shared a new ad on YouTube titled "Microsoft Surface Pro 7: The Better Choice," in which the company compares its tablet computer to Apple's 13-inch M1 MacBook Pro, as spotted by MSPoweruser. The ad highlights the Surface Pro 7's touchscreen and included stylus as opposed to only a "little bar" (the Touch Bar) on the MacBook Pro. Other advantages of the Surface Pro 7...
apple watch black unity

Apple Celebrates Black History Month With Limited-Edition Watch, Featured Apps and Books, and More

Tuesday January 26, 2021 6:14 am PST by
Apple today announced that it will be celebrating Black History Month with curated content that highlights and amplifies Black creators, artists, developers, and businesses across the App Store, Apple Music, the Apple TV app, Apple Books, Apple Podcasts, and more. The content will be featured throughout the month of February. Black Unity Sport Band has "Truth. Power. Solidarity." ...
7

Apple Releases watchOS 7.3 With Unity Watch Face, Expanded ECG Availability and More

Tuesday January 26, 2021 10:03 am PST by
Apple today released watchOS 7.3, the third major update to the watchOS 7 operating system that was released in September. watchOS 7.3 comes more than a month after watchOS 7.2, an update that brought support for Apple Fitness+ ‌‌The watchOS 7.3 update‌‌ can be downloaded for free through the dedicated Apple Watch app on the iPhone by going to General > Software Update. To install...
time to walk apple watch

Apple Fitness+ Feature 'Time to Walk' Launching Soon With Audio Stories From Special Guests

Saturday January 23, 2021 7:13 pm PST by
Earlier this week, Apple seeded the watchOS 7.3 Release Candidate, which is typically the final beta version of a software update. The release notes for the update list a new "Time to Walk" feature for Apple Fitness+ subscribers, described as "an audio experience in the Workout app where guests share inspiring stories as you walk." Apple Fitness+ subscribers will be able to open the Workout...
apple dan riccio

Dan Riccio Transitioning to New Project, John Ternus to Lead Apple's Hardware Engineering Team

Monday January 25, 2021 2:05 pm PST by
Apple today announced that current Apple hardware engineering SVP Dan Riccio is transitioning to a new role where he will focus on an unspecified project, with John Ternus set to take over as Apple's senior vice president of hardware engineering. In a statement, Apple CEO Tim Cook said that Riccio made Apple a better and more innovative company, and that Ternus will bring a deep expertise...