iPhone 12: his smartphone is stolen, Apple must pay compensation

A Brazilian user who owns an iPhone 12 has won his case against Apple. After the theft of his smartphone, he accused the Apple brand of not offering security systems robust enough to prevent access to the device. The Espiroto Santo state court ruled in his favor.

While students recently filed a complaint against Apple for removing the charger from the iPhone box, the apple brand has just suffered a new legal setback in Brazil. Indeed, a user has just won his lawsuit against the Mountain View firm. This consumer, a lawyer by profession, had his iPhone 12 stolen in the streets of São Paulo in June 2021.

Unfortunately for him, the criminal quickly managed to bypass the device unlock, change the user’s Apple ID, and disable the Find my Phone feature. Unsurprisingly, the aggressor did not need to be asked to increase financial transactions, the user’s means of payment being saved on his phone.

After this case, the victim decided to file a complaint against Apple. In his eyes, it is inconceivable and unacceptable that a smartphone sold 5,699 Brazilian reals, i.e. € 892, does not offer “minimum” in terms of security, since the device can be unlocked with a simple password and facial biometric identification via Face ID, a technology that can be easily deceived according to him.

Apple is responsible in the eyes of Brazilian justice

Against all odds, the Espiroto Santo state court sided with the plaintiff, arguing that the facts show the fragility of the operating system of the device since all the features changed by criminals only required the use of a password. For the court, it is clear that the criminals did not experience any difficulty in accessing the personal data and means of payment of the victim.

Besides, the court also referred to the moral damage caused to the user, stressing that the incident “went beyond simple boredom ”, given that the transactions carried out illegally “have undoubtedly caused disturbances, anxiety and apprehension ” until the complainant’s bank decides to reimburse him in full. For these multiple reasons, Apple was ordered to pay 5,000 Brazilian reals (€ 782.5), which is almost the price of the iPhone 12 in Brazil. Contacted by our colleagues from ZDNet, the apple brand did not wish to comment on this court decision.