Apple sanctioned after false and misleading guarantee claims
The Australian Competition and Consumer Commission has sanctioned Apple after it was found to have made false or misleading representations to consumers regarding their consumer guarantee rights.
Apple has agreed to a court enforceable undertaking
The representations included that Apple was not required to provide a refund, replacement or repair to consumers in circumstances, when in fact they are required to do so under consumer law.
The ACCC has secured a court enforceable undertaking from Apple after an investigation.
“The ACCC was concerned that Apple was applying its own warranties and refund policies effectively to the exclusion of the consumer guarantees contained in the Australian Consumer Law,” ACCC Chairman Rod Sims said.
“This undertaking serves as an important reminder to businesses that while voluntary or express warranties can provide services in addition to the consumer guarantee rights of the ACL, they cannot replace or remove those ACL guarantee rights.”
In the undertaking Apple has publicly acknowledged that, without limiting consumers’ rights, Apple will provide its own remedies equivalent to those unde consumer law at any time within 24 months of the date of purchase.
“The ACL consumer guarantees have no set expiry date. The guarantees apply for the amount of time that it is reasonable to expect given the cost and quality of the item or any representations made about the item,” Sims said.
The ACCC said that products affected by Apple’s policies and practices included Apple iPods, iPhones, iPads, MacBooks, iMacs and products and software available for purchase on Apple’s iTunes and App stores.