2016 Apple Inc. All rights reserved. 15 USC 45(m)(1)(B). These complaints are often sent to the FTCs Office of Secretary and Commissioners offices. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road, Pathumwan, Pathumwan, Bangkok 10330 Thailand. 5.5 List at least two examples of public or private enforcement of these protections in the last five years, including the breach/alleged breach, result and penalties imposed. It does not matter whether you take your product to an Apple Store, an Apple Authorized Service Provider, have on-site service, or have it serviced by mail. US Customs and Border . If the Apple Product is still not functioning properly after making use of these resources, please contact an Apple representative or, if applicable, an Apple owned retail store ("Apple Retail") or AASP, using the information provided below. Federal regulations are also evolving with the consumer purchase experience, which is increasingly online. He also shared tips to help consumers think more like lawyers in their day-to-day activities. There are also numerous federal laws dealing with the safety of various agricultural products. File Safe Web Act (194.69 KB) http://uscode.house.gov/view.xhtml Press Release 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. Where international service is available, Apple may repair or replace Apple Products and parts with comparable Apple Products and parts that comply with local standards. See, e.g., UCC 2-316 (relating to the exclusion or modification of warranties). Under the FCRA, which restricts the use of information held by consumer reporting agencies, the term simply means an individual. Border Patrol Seized $290K Worth of Counterfeit Apple Watches, AirPods Please put your product's sales receipt, and if applicable, AppleCare Proof of Coverage document in a safe place. Apple App Store Policies Upheld by Court in Epic Games Antitrust $290K in counterfeit Apple AirPods, Apple Watches headed to Fairfax Co However, this fee is routinely waived if you request it. See, People v. Sephora USA, Inc, No. Therefore, if you or some other outside force did not damage your product, then it has a problem and you should seek to get it repaired or replaced. 4.2 Please outline the substantive tests for the above-mentioned protections/prohibitions. 5.3 Are there any exceptions/exemptions? If you believe you may need an attorney but are unsure about where to start contact your local bar association and take advantage of their referral services. Health & Saf. Violations of FDA or USDA regulations may also result in criminal or civil penalties. See 16 CFR 1115.20. See UCC 2-3132-315. Apple may restrict warranty service for hardware products to the country where Apple or its Authorized Distributors originally sold the device. For example, in January of 2023, the California Attorney General announced an investigative sweep of popular mobile apps in the retail, travel, and food service industries, uncovering many which were out of compliance with the CCPA for allegedly failing to honor consumers requests to opt out of the sale of their personal data. 41-58, as amended The Federal Trade Commission Act is the primary statute of the Commission. Although Apples fourteen-day limit is the official policy, there are circumstances where Apple might informally extend the return period usually up to a maximum of thirty days. 3.4 Are there any exceptions to these protections? 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). At the federal level, the INFORM Consumers Act, described in question 4.5 above, goes into effect on June 27, 2023. 7.1 How does/do the consumer authority/authorities seek to enforce consumer law (e.g., by administrative decision or by commencing proceedings in court)? Individual consumers must have standing to enforce violations of these laws. Why not get back the $1,200 you spent on that MacBook two years ago and buy a newer model? Under consumer law in the UK (Sale of Goods Act 1979), even after your initial warranty/guarantee has ended consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. An FTC investigation typically begins when the FTC sends a non-public CID to an investigative target. For automatic appeals, the Commission places the appeal on its docket and defines the issues to be briefed by the parties. deep scratches in an LCD screen). Apple charged over 'anti-competitive' app policies - BBC News Cal. Information about Apple Bag Check Class Action Settlement, Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. In Colorado, a new provision of ColoPA will give consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data starting July 1, 2023. While the rulemaking process takes many years, the results seek to provide meaningful guidance for businesses and robust protection for consumers. Apple warrants the Apple-branded hardware product and 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"). . The parties reached an $8 million settlement to resolve the allegations, under which class members can receive a monetary payment based on the number of products they purchased. 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. (In re: Tobacco II Cases, 46 Cal. Ultimately, it is up to you to convince Apple that theres a problem. See, e.g., id. This may be as simple as pointing out hairline fractures in your MacBooks case or as complex as demonstrating defects with a Macs logic board, which can be intermittent and hard to diagnose. In addition, the USDA regulates certain agricultural products. 333 & 335b. 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. Whenever the Commission has reason to believe that any party is violating, or is about to violate a provision of law enforced by the Commission, the Commission may ask the district court to enjoin the allegedly unlawful conduct, pending completion of an FTC administrative proceeding to determine whether the conduct is unlawful. Describe the key steps in a typical investigation. State law substantive tests vary by jurisdiction. Try To Replace Your Apple Product If A Problem Develops Within Thirty Days Of Purchase. Utahs Consumer Privacy Act takes effect on December 31, 2023. The Apple Support Communities are a user-to-user platform within which you can try to obtain support with issues of a technical nature. Because consumer protection laws vary greatly from state-to-state, well only focus on Federal law. Civ. (i) repair the Apple Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Apple Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or, http://www.apple.com/support/country/?dest=complimentary, Cerro El Plomo, n5630, Torre 8, Piso 20, Bykdere Caddesi, No:199, Levent 199, Kat: 22 ve 23, 34394ili, Mecidiyeky, stanbul, 44th Floor ,Room No. The FTC encourages consumers to file a complaint whenever they have been the victim of fraud, identity theft, or other unfair or deceptive business practices. Yes, and this is in fact typical. Upon conclusion of the hearing, the ALJ issues an initial decision, setting forth his or her findings of fact and conclusions of law, and recommending either entry of an order to cease and desist or dismissal of the complaint. Apple Authorized Service Providers http://support.apple.com/kb/HT1937 | http://support.apple.com/kb/HT1434. For details click here. If staff recommend a complaint, the FTC can grant a period of time for the staff to negotiate a settlement. Check if you already have an AppleCare plan or are eligible to buy one. The FTC is a civil enforcement agency that cannot seek criminal penalties, though in egregious cases, it partners with criminal authorities to impose remedies, as described in response to question 6.5 above. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'cultofmac_com-box-4','ezslot_2',689,'0','0'])};__ez_fad_position('div-gpt-ad-cultofmac_com-box-4-0');if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'cultofmac_com-box-4','ezslot_3',689,'0','1'])};__ez_fad_position('div-gpt-ad-cultofmac_com-box-4-0_1'); .box-4-multi-689{border:none !important;display:block !important;float:none !important;line-height:0px;margin-bottom:7px !important;margin-left:auto !important;margin-right:auto !important;margin-top:7px !important;max-width:100% !important;min-height:250px;padding:0;text-align:center !important;}. For example, the FTC Act applies to persons, partnerships, or corporations, except banks, savings and loan institutions [], Federal credit unions [], common carriers [], and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act. However, it is important to note that the state laws exist in addition to Federal laws and frequently provide consumers with further protections and benefits. Former Apple employee sentenced for stealing $17 million Code 25249.6. Exceptions are sometimes available and vary by law or regulation. www.apple.com/support/contact/phone_contacts.html, Rua:Leopoldo Couto Magalhes Jnior, n 700, 7 andar, So Paulo, SP, Brasil, 120 Bremner Blvd., suite 1600, Toronto ON M5J 0A8, Prolongacin Paseo de la Reforma 600, Suite 132, Pea Blanca Santa Fe, lvaro Obregn, Ciudad de Mxico, 01210, Mxico. If you have a legal question, contact an attorney.***. The settlement of the lawsuit was complex, and. Plaintiffs alleged that consumers would not have purchased Procter & Gambles personal care products if they had known the products were exposing consumers to known carcinogens. For example, misleading and deceptive Conduct, unconscionable Conduct, etc. The penalty is assessed by a federal district court in a suit brought to enforce the Commissions order. HOW CONSUMER LAW RELATES TO THIS WARRANTY. covers common issues in consumer protection laws and regulations, including substantive provisions, enforcement action, remedies and anticipated reforms,. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW Our readers say: "Thank you guys for always posting cool stuff" -- Vaughn Nevins. If you are quick to report the problem Apple will usually accept fault and repair the damage without question. Who Wrote That Up For You?: Dave Maxfield, Consumer Law SC - Who Wrote Otherwise, consumers enforcing state law consumer protection claims may appeal through standard civil processes. Learn about our Compliance program and policies Sales & Support Details about the policies, terms, and conditions for the purchase, support, and servicing of your Apple products. The measure, known as the My Health My Data Act, was introduced as part of a local legislative effort to protect abortion access after the US Supreme Court overturned Roe v. Wade last year. For details click here . Part 211. Clarkson Law Firm, P.C. If a breach of these protections involves a product defect or risk of a safety hazard to consumers, the remedies can involve enforcement by a federal or state regulatory agency. Consumer-plaintiffs often bring parallel claims under Californias Unfair Competition Law (UCL), which offers similar protections against deceptive business practices. Attorneys are expensive and any serious warranty dispute will take weeks, even months, to resolve. To get your free credit report, go to AnnualCreditReport.com, or call 1-877-322-8228. 15 USC 46(a). copied from: http://www.apple.com/uk/legal/statutory-warranty/ View in context View all replies Who is responsible through consumer law? Following warranty service your Apple Product or a replacement device will be returned to you as your Apple Product was configured when originally purchased, subject to applicable updates. Apple will maintain and use customer information in accordance with the Apple Customer Privacy Policy available at www.apple.com/legal/warranty/privacy. The information contained in theSystemis designed to help customers determine if service for their products is covered under the terms of Apple's limited warranty or an Apple extended service contract, such as the AppleCare Protection Plan and AppleCare+. This Warranty does not apply to any non-Apple branded hardware products or any software, even if packaged or sold with Apple hardware. Apple Inc.One Apple Park Way; Cupertino, CA 95014, U.S.A. Level 30, Al Faisaliah Tower, King Fahad Highway, Olaya, P.O. The U.S. Supreme Court's newest justice is slated to end a SCOTUS law school commencement dry spell and is among the growing list of high-profile women who will address law graduates this year. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. In an example of successful private enforcement, in late 2021, individual consumers settled class action claims that Coppertone sunscreens were misleadingly labelled as being mineral based, despite their many chemical and toxic active ingredients. %PDF-1.3 f]}~\zIfys/\ 3p"wk)_$r#y'a-U Important: Do not attempt to open the Apple Product or remove any protective caps attached to theApple Product. Many state laws also provide for private rights of action. 810.10 et seq. A sales receipt with the receipt number, product description, original date of purchase, price, and reseller details constitutes a valid proof of purchase. For information about service for discontinued products, please click here. Code 1761(d) but some statutes sweep more broadly. See, e.g., Center for Tobacco Products v. 13 Vapor Co., LLC (FDA Docket No. Generally, if it has been more than fourteen days since purchase you may no longer simply return your product. Details about the policies, terms, and conditions for the purchase, support, andservicing of your Apple products. Id. See 15 USC 45(a)(2). As a former apple retail worker I am extremely grateful for Australian consumer law. In some states, individuals are required to give advance notice of the alleged deceptive practices to the business, thereby creating a safe harbour period for the business to address the individuals claims and avoid legal liability or other penalties. Yes, the FTC has eight divisions: (1) Privacy and Identity Protection; (2) Advertising Practices; (3) Consumer and Business Education; (4) Enforcement; (5) Marketing Practices; (6) Consumer Response and Operations; (7) Financial Practices; and (8) Litigation Technology and Analysis. Copyright See FTC, FTC Takes Action Against Company Formerly Known as Weight Watchers For Illegally Collecting Kids Sensitive Health Data (2022), [Hyperlink] Consumers have the right to choose whether to claim service under the Apple One-Year Limited Warranty or under their consumer law rights. Federal laws protect you. << /Filter /FlateDecode /Length 4987 >> Only Apple or an AASP shouldperform service on this Apple Product. The scope of Colorados law is substantially the same as Virginias except it only applies to data controllers, not data processors (although it defines data controllers more broadly). Availability depends on the product and the country or region in which service is requested. it is dead on arrival, defective, or an incorrect item). The Dodd-Frank Act applies to any person that engages in offering or providing a consumer financial product or service, as well as affiliates of such persons.
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