Apple forced to adopt new warranty policy after ACCC investigation

Australian vendor business agrees to a number of compliance measures after its returns and warranty conditions failed to meet Australian Consumer Law guidelines

Apple Australia has admitted to misleading consumers around returns and warranty conditions and been forced to adopt a new warranty policy following an Australian Competition and Consumer Commission (ACCC) investigation.

The watchdog began scrutinising Apple’s consumer guarantee policies and practices after becoming concerned that the vendor was not meeting guaranteed obligations around refunds, replacement or repair conditions under Australian Consumer Law (ACL). The law came into effect on 1 January 2011 and provides consumers with a basic set of rights in relation to consumer goods sold in Australia.

An ACCC statement said it suspected the false and misleading claims were the result of staff and representatives misapplying Apple’s policies including its 14-day return policy and 12-month limited manufacturer’s warranty.

Apple products implicated are iPods, iPhones, iPads, MacBooks, iMacs and peripherals. Thirty-party products including headphones and printers, along with software available through iTunes and App stores, are also affected.

Under a court enforceable undertaking, Apple has acknowledged the ACCC’s concerns and is now committed to taking a number of compliance measures.

These include not making representations to consumers contrary to the ACL; continuing to offer a consumer redress program to allow those affected to have their claims reassessed; clarifying the differences between the coverage provided by the ACL and Apple’s voluntary limited manufacturer’s warranty; and making available copies of the ACCC’s Repair, Replace, Refund in its retail stores.

Apple has also agreed to implement a program to improve ACL compliance training for Apple sales and management staff; ongoing monitoring of ACL compliance; and maintaining a webpage aimed at providing information. In addition, Apple accepted the ACL may provide for remedies beyond 24 months for a number of its products.

“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, stated.

“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.”

Read more: Apple buys Beats Electronics for US$3bn

The Apple win comes off the back of a busy month for the ACCC. Last week, the watchdog won an appeal in the High Court of Australia which saw a $2 million penalty against TPG for misleading advertising reinstated.

The ACCC’s investigation into misconduct by Excite Mobile around its mobile phone services already reached a successful conclusion in late November after the company was fined $455,000 by the Federal Court.

More on Apple

Follow CMO on Twitter: @CMOAustralia, take part in the CMO Australia conversation on LinkedIn: CMO Australia, or join us on Facebook: https://www.facebook.com/CMOAustralia

Signup to CMO’s new email newsletter to receive your weekly dose of targeted content for the modern marketing chief.

Join the CMO newsletter!

Error: Please check your email address.
Show Comments

Supporting Association

Blog Posts

Is AI on course to take over human creativity?

Computers and artificial intelligence have come along at an exponential rate over the past few decades, from being regarded as oversized adding machines to the point where they have played integral roles in some legitimately creative endeavours.

Jason Dooris

CEO and founder, Atomic 212

Are you leading technology changes or is technology leading you?

In a recent conversation with a chief technology officer, he asserted all digital technology changes in his organisation were being led by IT and not by marketing. It made me wonder: How long a marketing function like this could survive?

Jean-Luc Ambrosi

Author, marketer

Disruption Down Under – What’s Amazon’s real competitive advantage?

Savvy shoppers wait in anticipation, while Australian retailers are gearing up for the onslaught. Amazon’s arrival is imminent.

Thanks for a very interesting article. B2B marketing seems tricky. I think that marketing plays a vital part - it can build the brand and...

Aaren

From tactical overhead to strategic growth driver: B2B marketing in the digital age

Read more

meanwhile loads of people with digital skills are not finding work or getting an opportunity to be hired?? Double standards perhaps.

Graduate dying on centrelink

Report reveals Australia faces digital skills shortage

Read more

These laws are in one way or other giving businesses to VPN service providers & other cyber utilities. Just read PureVPN claiming 37%...

Paige Hudson

Getting prepared for mandatory data breach reporting

Read more

Great Post.Thanks for sharing such an informative article.I have worked with Ally Digital Media and it has a very good service which is b...

Utkarsh Kansara

Predictions: 17 digital marketing trends for 2017

Read more

Really inspiring !

Goldenboy Media

Jaywing sets sights on Australian growth with digital and data-driven agency model

Read more

Latest Podcast

More podcasts

Sign in