We called it! ACCC to take Apple to court over Misleading ‘4G’ claims
Before we dive into the story, can we just say ‘We Called it’! That’s right, it was only a few days ago we discussed the possibility if Apple really was entering into Misleading and Deceptive conduct based on the ‘4G’ tag on The new iPad, and while the ACCC didn’t have an official position then – they most certainly do now. The ACCC have decided to take Apple to court tomorrow over alleged Misleading “4” Claims within Australia.
We thought that Apple was really being sneaky and deceptive over the 4G (refusing to even say that 4G doesn’t work in Australia on their official website), and it seems that 85% of the readers who voted on the poll agreed with us. 10% sided with Apple saying that they were in the clear, while 5% weren’t exactly sure on the matter. Well you can but that confusion aside because ACCC will be in court with Apple Australia’s legal team at 9:30am tomorrow for orders against Apple Pty Limited and Apple Inc (Apple) for alleged contraventions of the Australian Consumer Law (ACL).
The media release is as follows:
The Australian Competition and Consumer Commission will be making an application to the Federal Court in Melbourne tomorrow at 9:30am for orders against Apple Pty Limited and Apple Inc (Apple) for alleged contraventions of the Australian Consumer Law (ACL).
The ACCC alleges that Apple’s recent promotion of the new “iPad with WiFi + 4G” is misleading because it represents to Australian consumers that the product “iPad with WiFi + 4G” can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.
The ACCC alleges that Apple’s conduct contravenes sections 18, 29(1)(a), 29(1)(g) and 33 of the ACL.
The ACCC is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device.
Additionally the ACCC is seeking final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.
Consumers who have purchased or are considering purchasing an “iPad with WiFi + 4G” should ensure that they have a proper understanding of the mobile data networks which this iPad can directly access by a SIM card.
Release # NR 057/12
Issued: 27th March 2012
We totally think that it was our article which forced the ACCC to do something about it. Or our rather ‘aggressive’ picture directed at the ACCC in our previous article? No? Well it was worth a try. Either way, we’ll see what happens tomorrow, and hopefully the law will prevail.