Following an investigation launched two years ago in response to a complaint by the HOP (Stop Planned Obsolescence) association, Apple will have to pay a fine of 25 million, according to an article in Le Parisien on 7 February 2020, confirmed by a press release from The Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), under the French Ministry of Economic Affairs and Finance.
In its complaint dated December 2017, the HOP association criticised the slowdowns and other malfunctions experienced by the iPhone 6, 6S, SE and 7 models as a result of operating system updates. According to the association, Apple encouraged users to download the updates whilst being fully aware of the consequences for the smartphones. These slowdowns, which coincided with the release of the 8 and X models, led many users to replace their devices, thereby causing a significant environmental impact.
In its decision, the DGCCRF has found that Apple engaged in misleading commercial practices by omission. The decision of this penalty for Apple, which follows more than two years of investigation, demonstrates the validity of the arguments put forward by the association HOP – Stop Planned Obsolescence, backed by nearly 15,000 testimonies from Apple users.
The HOP association nevertheless regrets that the procedure used – namely a criminal settlement leading to a penalty for Apple – deprives consumers of a public trial on planned obsolescence. According to the association’s lawyer, Mr Emile Meunier, this conviction paves the way for claims for damages from affected customers.
