Consumers in the U.S. are not unfamiliar with Apple declining to provide power adapters with the sale of one of the company's flagship iPhones the company stopped including wall chargers and earbuds with the phones back in 2020, reports The Verge. Most states have adopted statutes that prohibit unfair or deceptive business and debt-collection practices. Apple warrants the Apple-branded hardware product and Apple-branded accessories contained in the original packaging (Apple Product) against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser ("Warranty Period"). 1.1 What legislation, regulations and guidelines are relevant to consumer protection in your jurisdiction? If you are quick to report the problem Apple will usually accept fault and repair the damage without question. While there is no private right of action under the FTC Act, some federal consumer laws provide a private right of action. Read our customer Privacy Policy for a clear explanation of how we collect, use, disclose, transfer, and store your information. A voluntary corrective action plan sets forth specific details regarding the companys plan to repair or replace the defective item, including the product at issue, a description of the hazard, details regarding the companys plan to provide notice to the public and affected persons (e.g., a letter, press release, or corrective advertisements) and a statement regarding future action to avoid recurrence. 33, Le Duan Blv.,Ben Nghe Ward, District 1. Plus the best Apple tweets, fun polls and inspiring Steve Jobs bon mots. For example, California has three statutes prohibiting unfair or deceptive business practices: the CLRA, which streamlines class certification and provides for both legal and equitable relief, as well as the UCL and FAL, which limit available remedies to injunctive relief and restitution. 2015 Apple Inc. All rights reserved. The FTC also has the authority to promulgate Rules under the FTC Act that describe with more specificity particular acts or practices that are unfair or deceptive. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and. Our 2 year guarantee goes further than most and we include it free of charge with every new Mac, iPad, iPhone & Apple Watch, HomePod or AirPods purchased from iStore. The USDAs Food Safety Inspection Service (FSIS) may also bring an enforcement action that results in a food establishments loss of ability to produce, sell, or distribute its products in commerce. Ultimately, it is up to you to convince Apple that theres a problem. For breaches of warranty under the UCC or common law, the injured party may bring a civil action to seek damages or injunctive relief. 8.3 Does an appeal suspend the effect of any penalty/the requirement to pay any fine (if applicable)? 3.4 Are there any exceptions to these protections? Service will be limited to the options available in the country where service is requested. These complaints are often sent to the FTCs Office of Secretary and Commissioners offices. 15 USC 45(c). For example, the UCC generally applies to all commercial sales of goods, but parties may contractually modify the protections available to businesses. Recently, the FTC announced a renewed focus on combating surveillance, algorithmic bias and other emerging issues that may disproportionately affect communities of color. The $2.25 million settlement re-distributed monies to aggrieved consumers and provided for removal of the challenged mineral-based claims. The prosecution of a matter is conducted by the FTC complaint counsel which comprises staff from the relevant bureau or a regional office. The FDA promulgates Current Good Manufacturing Practice (CGMP) regulations for the quality of drug products. Before receiving warranty service, Apple or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Apple's procedures for obtaining warranty service. 7.7 Is there a statute of limitations for bringing stand-alone or follow-on actions? by presenting proof of purchase). Apple customers who purchased certain previous iPhone models can now submit claims for about $25 per phone as part of the company's settlement of a class action lawsuit that accused it of slowing. Apple Inc. All rights reserved. 3.2 Please outline the substantive tests for these protections. OTHER THAN AS PERMITTED BY LAW, APPLE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. Civil penalties across the states range from $2,500 for a one-time unintentional violation of the CCPA to up to $20,000 for a single violation of Colorados law. Yes. 44th Floor ,Room No. Civil Code. See UCC 2-313. Nobody listens to me. A sales receipt with the receipt number, product description, original date of purchase, price, and reseller details constitutes a valid proof of purchase. 6.4 What is the timeline for a typical investigation? See Order re Final Approval, Attorneys Fees and Costs, and Incentive Awards, Facebook Biometric Information Privacy Litigation, 15-cv-03747-JD (N.D. Cal. DIY parts service allows you to service your own Apple Product. In Virginia, the CDPA applies to persons that conduct business in Virginia or offer products or services targeted to residents in Virginia and: (1) control or process the data of at least 100,000 consumers; or (2) control or process the personal data of at least 25,000 consumers and derive more than 50% of their revenue from the sale of personal data. This Warranty is governed by and construed under the laws of the country in which the Apple Product purchase took place. US Customs and Border . This may include the right of customers in California and other jurisdictions to have the warranty period extended for the number of whole days that the product has been out of the customer's hands for warranty repairs. Apple will update these Guidelines as necessary. 1770(a)(7). 15 USC 57b(d). Who has standing to bring these actions? At the state level, each Attorney General investigates and enforces consumer protection laws; in some states, District Attorneys also have the authority to prosecute consumer protection claims. Learn about our Compliance program and policies. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. The Act applies to online marketplaces where third parties sell consumer products. As such, both public and private enforcement are expected to increase throughout the United States as data privacy laws evolve. 1.2 What is the definition of consumer (i.e., who does consumer protection law protect)? Id. See Strategic Plan for Fiscal Years 2022-2026 (2022), [Hyperlink]; Through its Every Community Initiative, the FTC supports consumers in historically underserved communities, which may be disproportionately affected by fraud and other consumer issues. There is no statute of limitation when the FTC seeks an injunction in connection with ongoing conduct. Important: Do not open the Apple Product. You may be responsible for shipping and handling charges if the Apple Product cannot be serviced in the country it is in. Cal. Many state data privacy laws are still emerging. In March 2022, the FTC reached a $1.5 million settlement with WW International, Inc. (formally known as Weight Watchers) (WW International) and Kurbo Inc. (Kurbo) a subsidiary. If your Mac is still covered by its warranty, then Apple must fix your Macs problem. See 21 USC 301 et seq. If you think you have a valid consumer law claim, please contact us. The Commissions final decision is then appealable, but only by any respondent against which an order is issued. f]}~\zIfys/\ 3p"wk)_$r#y'a-U Instead of offering environmentally friendly products in response to this increased demand, a number of manufacturers are instead choosing to greenwash their products by labelling them with false or deceptive claims. Copyright See FTC Rules of Practice 3.54(b). 6.2 How is an investigation triggered (e.g., ex officio, whistleblower or complaint)? What happened is this: Call Apple to register a claim The service coverage information described in theSystemis based on the date of purchase information available to Apple. Before submitting your Apple Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords. See FTC Rules of Practice 3.52. 2, Ngo Duc Ke Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam. Apple will pay for shipping to and from your location if all instructions are followed. However, consumers (and retailers/manufacturers) have full appellate rights in private civil litigation matters originated in state or federal courts, brought under state statutes like Californias CLRA or UCL or under federal statutes like ECOA, TCPA, FCRA, etc. When you purchase Apple hardware products, you will also receive coverage from the Apple Limited Warranty. Specifically, the appellate court reviews questions of law de novo but will not disturb factual determinations of the Commission that are supported by substantial evidence. 16 CFR 2.10. 4.5 Are there any specific rules which apply in relation to online marketplaces? Apple Authorized Service Providers http://support.apple.com/kb/HT1937 | http://support.apple.com/kb/HT1434. If your problem is intermittent, say so. For example, under the CPSA, a manufacturer of a consumer product must immediately report to the CPSC if it obtains information which reasonably supports the conclusion that such product: (1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard []; (2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission; (3) contains a defect which could create a substantial product hazard []; or (4) creates unreasonable risk of serious injury or death. Depending on when or whether you registered your product, if you purchased it from an Apple authorized reseller or AppleStore, the estimated purchase date may be incorrect. 2 Year warranty for your new Mac, iPad, iPhone, Apple Watch, HomePod & AirPods*. Enforcement by the FTC may be achieved through either administrative or judicial action, or both. Exceptions are sometimes available and vary by law or regulation. v. Bayer Healthcare Pharmaceuticals Inc. et al. 8.2 Can consumers or retailers/manufacturers appeal decisions made by the consumer authority/authorities or by a court? See, [Hyperlink]. 2.7 Describe at least two examples of public or private enforcement of these protections in the last five years, including the conduct/alleged conduct, result and penalties imposed. USA. 67273. 19F., No.1, Songzhi Rd., Xinyi Dist., Taipei City 110, Taiwan. Similarly, consumer products subject to FDA oversight may be recalled through either voluntary or mandatory processes. 201-3. 2.2 Please outline the substantive tests for these protections. (i) Carry-in service. Copyright Many states also recognise common law claims for fraud or breach of express and implied warranties. In California, the Department of Consumer Affairs (DCA) has an internal division that is empowered to investigate consumer complaints and enforce state consumer protection laws. For example, Californias CLRA allows plaintiffs to bring private civil actions against companies that use unfair methods of competition and unfair or deceptive acts or practices, including [r]epresenting that goods or services are of a particular standard, quality, or grade [] if they are of another. The CMA opened its investigation into Apple Inc, due to concerns that some of its practices may breach consumer law. The FTC is also evaluating how to best combat online dark patterns, which are designed to trick or manipulate consumers into taking actions they otherwise would not have taken , and auto-renewals, the growing practice of deception in connection with automatic subscription renewals. This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Apple Products specifications (Apple Product specifications are available at www.apple.com under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apples published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (AASP); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to damage caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, (i) if any serial number has been removed or defaced from the Apple Product, or (j) if Apple receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Apple Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase). These organisations include the FTC and government offices from other countries, such as Germany, Ireland, Italy, Japan and Mexico. ting-kids-sensitive. [-~P?42r%gS(_: Daily round-ups or a weekly refresher, straight from Cult of Mac to your inbox. ***Disclaimer: this article does not constitute legal advice nor does it create any attorney-client relationship between the reader and the author of this article or CultofMac or any of its affiliates. This coverage operates alongside and in addition to your statutory rights under UK consumer law. See 21 CFR 7.40 et seq. In California, as of January 1, 2023, the CPRA applies to businesses that collect personal information from or about Californians and either: (1) have a gross annual revenue over $25 million; (2) buy, sell, or share personal information of 100,000 or more consumers or households; or (3) derive 50% or more of their annual revenue from selling California residents personal information. Developer software licensing information is available at Apples Developer website. This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apples published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (AASP); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, or (i) if any serial number has been removed or defaced from the Apple Product.
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