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 newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments

Blog Posts

Data has the power to build or burn brands

A brand can be severely wounded by use or misuse of any of its assets and you could say data has the greatest power of all to inflict damage.

Lucy Acheson

Head of data strategy and customer experience, LIDA

Totto and your inorganic future

At Cannes Lions this year we’ve been treated to many artificial intelligence (AI) insights. It’s one of the major discourses of our time.

Richard Brett

CEO, opr

Personas of one and the rise of ‘always there’ marketing

I’ve got some bad news. The ‘always on’ marketing approach that many companies have only just fully implemented is already out of date.

Nigel Roberts

Founding partner and strategy lead, Yell

Promotion is difficult. You should be able to do it. Sometimes it turns out bad, and when you turn to professionals, it turns out well - ...

Jordan Samuil

Village Roadshow partners with Lion for pourage rights and promotional partnership

Read more

This is very good news for Australian SMEs as ActiveCampaign is an very powerful marketing automation / email marketing tool that costs a...

Lawrence

SMB marketing automation provider sets up Asia Pac HQ in Sydney

Read more

Thanks for the info! If you are looking for commercial real estate in Mumbai, visit us at Jagaha.com! We have over 20,000 verified proper...

Gizelle

Salesforce ups the Marketing Cloud ante with Datorama acquisition

Read more

Completely agree! For the best commercial properties in Mumbai, visit our website - Jagaha!

Gizelle

Salesforce ups the Marketing Cloud ante with Datorama acquisition

Read more

Carisoprodol is used for treatment of pain.so it has some amount of drug use it carefully . Get its complete usage and prescription from ...

jensons henry

CMO profile: The strategy behind Cash Converters brand and customer experience reboot

Read more

Latest Podcast

More podcasts

Sign in