23. The civil court in Santiago has declared a lawsuit filed by the Consumer and Consumer Organization (Odecu) against Apple for the practices that reduce the life of these smartphones.
The situation is comparable to what has already been condemned by consumer groups in Europe and North America. The legal action is directed against Apple Chile, MacOnline and Reifschneider, the purpose of which is to "protect the common interest" of those who bought the iPhone in 2014-2017. The affected models would be iPhone 5C, 6, 6 Plus, 6S, 6S Plus, 7 and 7 plus, except the SE model.
Odecu in his lawsuit demanded that Apple compensate 126 thousand pesos for every user in Chile who has the iPhone and which was affected by programmed obsolescence. In addition to repairing or purchasing your equipment.
Attorney Sebastian Reyes, who led the lawsuit, explained that "we are asking the court to fix all iPhones that are in court and have problems with slowing down."
Regarding the possible financial compensation, Reyes noted that "if it can not be corrected or the repair is expensive, we will ask the court to order compensation to consumers, which is to buy the equipment at market value they have."
Reyes added that "we are demanding additional compensation for the loss of time that consumers have caused a slowdown in equipment, equivalent to 126,000 pesos."
According to the Odec model, the different iPhone models "had poor performance, either by having suffered premature wear or by slower operation, due to the fact that the device operating systems were upgraded using Apple's apps remotely streamed via the Internet, aimed at "drowning" CPU traffic and slowing down the device before the latest model. "
Apple's operation, according to Odec, "has never been notified to users of this device, and vice versa, it was deliberately decided and executed by Apple's manufacturer."
Through justice, information from state institutions such as the Subsecretariat of Telecommunications and the National Customs Service, as well as the Entel, Movistar, Claro, WOM and RTD operators, were requested.