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Apple disagrees with new Italian warranty ruling, files appeal

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Apple on Tuesday announced that it would be appealing a ruling from Italy's antitrust regulating body that claims the iPad maker has not fully complied with an earlier order to offer a free two-year warranty with every product as mandated by EU law.

The appeal comes on the heels of a warning issued to Apple by Italy's competition authority Autoritá Garante della Concerrenza e del Mercato (AGCM) on Monday that stated the Cupertino-based company had yet to satisfy the two-year warranty stipulation. Apple has appealed the latest ruling and, according to a report from Reuters, claims that it is indeed following the regulations, adding that the AGCM's warning was based on an inaccurate interpretation of the law.

"We have appealed the recent decision of the (Italian) court as it was, in our view, based upon an incorrect interpretation of the law," an Apple representative said. "We have introduced a number of measures to address the Italian competition authority concerns and we disagree with their latest complaint."

At issue is Apple's AppleCare warranty which covers the company's products for one year with an option to up the coverage to two or three years for an additional fee. Italy's laws require company's to provide no-cost coverage for a minimum of two years and the AGCM ultimately lost in March.

As part of Monday's ruling, Apple was told it would be face an additional 300,000 euros, about $378,000, and a 30-day shutdown of all Italian operations unless it complied with the country's consumer protection laws.


Apple's Italian webpage for extended iPhone coverage. | Source: Apple

Despite what appears to be a clear statement on Apple's Italian website advertising free two-year coverage against defects on initial delivery as well as an additional one-year out-of-box warranty, the AGCM believes the information is insufficient.

According to an AGCM bulletin, the wording on Apple's website encourages customers to buy into AppleCare without noting there is a no-cost warranty already in place.



63 Comments

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lukevaxhacker 20 Years · 112 comments

I presume Apple hasn't paid a number of people a sufficient amount of money.

 

I'm also not sure how Italian consumers are served by shutting down a company for 30 days, thus making it impossible for Apple to give the warranty service at issue. Maybe the government is hoping an NGO will then file its own suit about a lack of service while Apple is shut down.

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fredaroony 14 Years · 619 comments

Quote:
Originally Posted by lukevaxhacker 

I presume Apple hasn't paid a number of people a sufficient amount of money.

 

I'm also not sure how Italian consumers are served by shutting down a company for 30 days, thus making it impossible for Apple to give the warranty service at issue. Maybe the government is hoping an NGO will then file its own suit about a lack of service while Apple is shut down.

I think the Italian consumers would be best served if Apple followed the law in that country and provided the required 2 year warranty...

solipsismx 13 Years · 19562 comments

It does look like they are honouring the 2 year warranty but it also looks like they are being disingenuous by obfuscating that fact when they try to sell the extended two-year AppleCare warranty. Seems suspect to me. edit: This is the translation of the AppleCare section when you go to buy an iPad from the Italian Apple Store: [QUOTE][B]AppleCare Protection Plan[/B] Service and support offered by experts iPad. Up to two years from original purchase date of your iPad, AppleCare Protection Plan gives you: • Technical support in a flash: direct access to Apple experts • Cover Hardware Apple iPad, battery and included accessories • Software support: iTunes, iWork, iPad, the operating system and connecting to wireless networks By purchasing the AppleCare Protection Plan while your iPad, you will be automatically logged in the security program. Service and support by experts of iPad. [color="blue"]With each iPad includes free telephone technical support for 90 days from date of purchase and a one-year limited warranty.[/color] With the AppleCare Protection Plan can extend your service coverage to two years from date of purchase iPad. You can contact Apple technical support experts whenever you want, and get answers to your questions. And if you need repair service, we offer convenient service options. The advantages of the Year Limited Warranty from Apple and the AppleCare Protection Plan in addition to the rights of consumers under the legal guarantee of the seller. Click here for details. [...] The benefits of the AppleCare Protection Plan are in addition to rights under applicable consumer protection laws in your country. [color="blue"]Under Articles 128-135 of the Legislative Decree n. 206 of September 6, 2005 (Consumer Code), Italian consumers have up to 26 months to inform the seller of a product defect existing at the time of delivery thereof.[/color] It is assumed that the defects that occur during the first 6 months after delivery of the product already existed at the time of delivery. A consumer who wishes to make a warranty claim under the Consumer Code against Apple may contact an Apple Authorized Service Provider to establish the existence of the defect at the time of delivery. [...][/QUOTE]

gazoobee 15 Years · 3753 comments

Quote:
Originally Posted by SolipsismX 

It does look like they are honouring the 2 year warranty but it also looks like they are being disingenuous by obfuscating that fact when they try to sell the extended two-year AppleCare warranty. Seems suspect to me.

 

Yeah, but the whole idea of a free two year warranty on a modern electronic device is a bit ridiculous.  

 

No other place has this and Italy is just a part of Europe. If it was up to me I would simply leave Italy.  It's not like you can't drive to a neighbouring country in five minutes to get an Apple device. Sometimes the proper reaction to a law is not to give in to it but to decide to go elsewhere where the laws are more reasonable.  

 

I know lots of folks who refuse to travel to the USA anymore for this same reason (although the laws in question are much more serious than just whether you get a refund on your purchases or not).  

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boeyc15 14 Years · 986 comments

Quote:
Originally Posted by Gazoobee 

 

Yeah, but the whole idea of a free two year warranty on a modern electronic device is a bit ridiculous.  

 

No other place has this and Italy is just a part of Europe. If it was up to me I would simply leave Italy.  It's not like you can't drive to a neighbouring country in five minutes to get an Apple device. Sometimes the proper reaction to a law is not to give in to it but to decide to go elsewhere where the laws are more reasonable.  

 

I know lots of folks who refuse to travel to the USA anymore for this same reason (although the laws in question are much more serious than just whether you get a refund on your purchases or not).  

Perché è ridicolo? Two years sounds good to me.