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Apple runs afoul of Australia's warranty laws, promises to make things right

Posted: , by Alan F.

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Apple runs afoul of Australia's warranty laws, promises to make things right
Apple has been accused by the Australian Competition and Consumer Commission of failing to change its warranty agreement so that it could be in line with laws passed by the country back in 2011. According to published reports out of Australia, Apple has been lying to consumers about its obligations to them in regard to repairing or replacing a faulty Apple iPhone, Apple iPad or Apple iPod. Apple allegedly failed to tell Australian customers the full extent of their warranty protection under the most recent consumer protection law passed in the country.

Apple and its suppliers are accused of telling Australians with faulty Apple devices, that they were entitled to only whatever Apple wanted to give them instead of what they should have received under law. In some cases, Apple told customers that it did not have to give a refund, replace, or repair a product with a "major failure" even though the law allowed Australian consumers to pick between a replacement or a repair. Apple also incorrectly told some customers that they were entitled to a full refund only if a faulty product was returned within two weeks of its purchase and that refunds or repairs were only allowed if a device stopped working correctly within a year of its purchase. Allegedly, Apple falsely told customers that it was not responsible for non-Apple products bought in the Apple Store and would often provide store credit only instead of a full refund.

 The chairman of the Australian Competition and Consumer Commission (ACCC) said that Apple was making up its own warranty and refund policies instead of following the law. The ACCC could take Apple to court if it doesn't go along with a number of "undertakings" that the Cupertino based tech titan has agreed to follow.

"If you believe that you have been denied a statutory right or remedy by Apple in the past in relation to a product sold to you by Apple or did not pursue a warranty claim because of representations made to you by Apple, please contact Apple ... and your claim will be assessed."-Statement that Apple must post on its Australian website

As part of this undertaking, Apple must reassess all claims made by consumers about faulty Apple products over the last two years, and must provide customers with the correct warranty remedy that each one was entitled to. The undertaking begins on January 6th and Apple will revisit old claims for 90 days. Apple also must publish a note on its Australian website telling those who felt that their warranty was handled incorrectly by Apple, to contact the manufacturer to have the warranty claim reassessed.

"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."-Rod Sims, chairman, ACCC

"In Australia, we have been working closely with the ACCC to make sure our customers understand their local consumer rights and receive the industry leading customer service they expect."-Apple spokeswoman

source: SydneyMorningHerald via BGR

37 Comments
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posted on 18 Dec 2013, 20:25 12

1. darkkjedii (Posts: 10545; Member since: 05 Feb 2011)


Apple play fair, or get kangaroo slapped.

posted on 18 Dec 2013, 20:55 1

4. wolverinexmen9 (Posts: 77; Member since: 31 Mar 2011)


Funny lol

posted on 18 Dec 2013, 21:23 4

8. bibekpachhai (unregistered)


I used to live in Australia and I can confirm that they are one mean looking animal who will knock you out.

posted on 18 Dec 2013, 22:13 1

10. Mxyzptlk (Posts: 3325; Member since: 21 Apr 2012)


And they wonder why no one wants to do business down under.

posted on 19 Dec 2013, 00:53 5

17. mrbtree98 (Posts: 50; Member since: 04 Aug 2012)


hey, don't mess with Australia. We have laws and apple broke them, tough for apple. do you see htc, samsung, sony and even huawei who are quite involved in australia doing anything wrong, no.

posted on 19 Dec 2013, 01:49 2

21. tedkord (Posts: 4507; Member since: 17 Jun 2009)


Actually, they wonder why Apple constantly thinks they aren't subject to the law. This isn't the first country where the arrogant fruit just disregarded warranty laws

posted on 19 Dec 2013, 05:20 3

25. jacko1977 (Posts: 388; Member since: 11 Feb 2012)


is it coz we dont have obama to bail them out

posted on 18 Dec 2013, 23:35

14. dome888 (Posts: 50; Member since: 10 Oct 2012)


i'll bet Apple will prefer the slap

posted on 19 Dec 2013, 11:47

32. Ashoaib (Posts: 1486; Member since: 15 Nov 2013)


I had a complain with my 4s, when I contacted apple, they refered me to the carrier bcoz I purchssed it on two years contract... carrier replied that they have nothing to do with the hardware related issue and I have to contact apple service center but apple' s reply remained that they are not resposible for any phone purchased under contract.. I tried to complain apple US but their asnwer was that I have to contact service center in UAE... which made me end up getting my iphone's home button fixed from phone repair shop... anyway now I am a hater of apple so it doesnt matter anymore

posted on 18 Dec 2013, 20:26

2. DEATHSTROKE9 (Posts: 399; Member since: 09 Nov 2013)


Apple at its finest.

posted on 18 Dec 2013, 20:55 1

3. joey_sfb (Posts: 2759; Member since: 29 Mar 2012)


I only wish my country has such law. Apple can afford to give better and longer support.

I wonder what Samsung did for Australia. Money pinching like Apple?

posted on 18 Dec 2013, 21:53 3

9. wilsong17 (Posts: 827; Member since: 10 Mar 2013)


hmm where in this article is samsung mention

sheep

posted on 19 Dec 2013, 01:33 1

20. joey_sfb (Posts: 2759; Member since: 29 Mar 2012)


Meh! Lol!

posted on 19 Dec 2013, 05:21 1

26. jacko1977 (Posts: 388; Member since: 11 Feb 2012)


i killed my S2 by a wrong rom and samsung fixed it no questions asked

posted on 20 Dec 2013, 06:55

37. joey_sfb (Posts: 2759; Member since: 29 Mar 2012)


I have similar experience with Samsung Service Center.

posted on 18 Dec 2013, 21:09 3

5. Sniggly (Posts: 6803; Member since: 05 Dec 2009)


Amazing, isn't it? It's almost like I've heard this story before...http://www.phonearena.com/news/Apple-still-misleading-Italian-customers-with-pricey-warranty-might-get-kicked-out-in-a-month_id31858

posted on 18 Dec 2013, 21:14 2

6. Sniggly (Posts: 6803; Member since: 05 Dec 2009)


(for a quick bonus, check out the comments from one of Phonearena's only permabanned regulars ever, Taco50. I kinda miss the jerk.)

posted on 19 Dec 2013, 01:09 2

19. PapaSmurf (Posts: 7726; Member since: 14 May 2012)


Don't we all? PA needs to unban him.

posted on 19 Dec 2013, 01:56 2

22. tedkord (Posts: 4507; Member since: 17 Jun 2009)


He still shows up on BGR occasionally. When he does I tell everyone about his permaban here and the times he got caught lying about someone hacking his account to say he hoped Apple would patent the drop down notifications they copied and sue Google. Or claiming that his "inside sources" at the carriers assured him the Galaxy S3 was flopping.

posted on 19 Dec 2013, 18:19

34. darkkjedii (Posts: 10545; Member since: 05 Feb 2011)


Snig do you miss Troll?

posted on 19 Dec 2013, 19:03

35. Sniggly (Posts: 6803; Member since: 05 Dec 2009)


I didn't notice he was gone, so that is likely a no.

posted on 18 Dec 2013, 21:20

7. kozza3 (Posts: 574; Member since: 17 Oct 2012)


waa waa waaaaa

posted on 18 Dec 2013, 22:14 1

11. Mxyzptlk (Posts: 3325; Member since: 21 Apr 2012)


Everyone wants to attack apple because they're ahead of the competition.

posted on 18 Dec 2013, 22:18 8

12. woodshop20 (Posts: 459; Member since: 14 Sep 2013)


Firstly, they're not really ahead of the competition (maybe except for the tablet sector). Secondly, people attack Apple because they're arrogant and love to sue.

posted on 19 Dec 2013, 01:58 1

23. tedkord (Posts: 4507; Member since: 17 Jun 2009)


Dee looosh inal.

posted on 19 Dec 2013, 03:00 1

24. techguyone (Posts: 96; Member since: 18 May 2013)


Apple wasn't attacked, it was pulled up for breaking a law in a country it did business with.

You also made a factually incorrect statement, let me correct it. 'Apple were ahead of the competition'... notice the subtle change.

posted on 19 Dec 2013, 05:24 1

27. jacko1977 (Posts: 388; Member since: 11 Feb 2012)


Apple wasn't attacked, it was pulled up for breaking a law in a country it did business with without obama

posted on 19 Dec 2013, 05:28 1

29. networkdood (Posts: 6262; Member since: 31 Mar 2010)


Was, not were..Apple is treated as a singularity...now..Apple products were ahead...that is better

posted on 19 Dec 2013, 12:41

33. rusticguy (Posts: 2826; Member since: 11 Aug 2012)


Hooligans need to be dealt that way.

posted on 18 Dec 2013, 23:15 2

13. itsdeepak4u2000 (Posts: 2516; Member since: 03 Nov 2012)


Apple has been lying to consumers. Hahaha :D

Wanna play Kangaroo boxing...

posted on 18 Dec 2013, 23:41 1

15. AfterShock (Posts: 2697; Member since: 02 Nov 2012)


If there is any way they can get out of paying, I have faith that Apple will find a way to take the cheap way out.
They can squeeze a nickel hard enough to make the beaver crap for sure.

posted on 19 Dec 2013, 00:41 1

16. androiphone20 (Posts: 1400; Member since: 10 Jul 2013)


Bad move, dodging taxes, typical corporate stuff and we are all victims.

posted on 19 Dec 2013, 01:06

18. samystic (Posts: 189; Member since: 25 Mar 2012)


the most common complaint iphone users who were customers of one of the top three mobile service providers i worked with was poor service and ridiculous terms and conditions apple had put for repairs... 'you live in australia... beachside... your iphone is water damaged... pay ~A$289 to get a refurbished replacement... silly apple

posted on 19 Dec 2013, 05:26

28. networkdood (Posts: 6262; Member since: 31 Mar 2010)


Typical Apple business practices...

posted on 19 Dec 2013, 10:17

30. InspectorGadget80 (Posts: 6254; Member since: 26 Mar 2011)


How Apple should play fair is to stop banning other phones. and stop over charging their consumers.

posted on 19 Dec 2013, 22:44

36. roscuthiii (Posts: 1786; Member since: 18 Jul 2010)


I can't really blame Apple for using a weapon available to them. I have to blame the courts, laws, and patent & trade offices that allow them to have this weapon in their arsenal in the first place.

posted on 19 Dec 2013, 11:38

31. ibap (Posts: 692; Member since: 09 Sep 2009)


Funny what you'll think you can get away with when you believe your own hype.

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