Mikey Campbell
In a statement issued early Wednesday, first reported by Portuguese language Apple blog iPhoneTuga, the non-profit DECO claimed the potential suit comes after "several attempts" to correct allegedly deceptive wording on the iPhone maker's website pertaining to the for-pay AppleCare Protection Plan.
The grievance is similar to a separate set of circumstances in Italy where Apple was fined some $1.2 million for "unfair consumer practices." In that case the Italian Antitrust Authority claimed Apple did not provide "clear information to customers on product assistance," or more specifically did not inform consumers of the gratis two-year warranty that comes with every product. While the standard Apple warranty is limited to one year, local regulations in that region require manufacturers to furnish two years of free service.
Apple's Portuguese AppleCare web page. | Source: Apple
DECO notes that Portuguese law is similar to Italy's as product defects are covered for a mandatory two years, a regulation Apple must follow if it seeks to sell products in the country. While the two countries' laws reach an identical goal in practice, the implementation is slightly different in the case of Portugal and is likely the issue's root cause.
Portuguese law presumes that a defect found within two years after a product is purchased was also present at time of delivery. This is counter to Apple's reportedly misleading claim that its warranty only applies to defects found at the time of delivery, a statement which seemingly suggests coverage does not extend beyond that point. In reality the product is protected for the required period and customers can choose to purchase AppleCare for an additional fee. The organization feels that this fact is not presented to consumers in a clear manner, falsely inflating the importance of the extended warranty.
A rough translation of the statement issued by DECO's Secretary General Jorge Morgado:
"The Portuguese and EU law gives a two-year guarantee for portables [and laptops], but Apple does not recognize this reality. After several attempts to enforce these rights, without success, we decided to proceed with legal action. We will require the court to restore legality because we have no doubt that the rights of consumers are being trampled."
It is unclear what damages if any DECO is seeking though a lawsuit is the group's only recourse as it is not a government body and thus cannot levy fines. Apple has not commented on the matter.
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40 Comments
This will become more common once consumer groups set their focus on Apple. I know our local (NZ) consumer agencies need to stand up. Numerous computer suppliers offer extended warranties, of which are not required, because regardless of the official warrantee, our local Consumer Guarantees Act states that an item must be durable and fit for purpose.
The hard view on computers is
How long can I expect my goods to last?
If you have a computer and the warranty is for one year, that doesn’t mean that you expect a new computer to only last one year. It is reasonable to expect that a new computer would last at least five years.
But, because its harder for an individual to enforce the Act, a lot of people will pay for their own goods, especially when dealing with foreign support services, which Apple provides here
First of all a correction, the actual name of the gentleman is Jorge Morgado, not George Morgad.
Second, it's a fair question. On the Apple's US and PT websites it stated that "For up to three years from your computer's original purchase date, the AppleCare Protection Plan" so... in the US it's the standard 1 year + 2 more. So you are buying two more years. On EU every product has 2 years of warranty so you are buying 1 more year it seams clear.
But the thing is that APPLE, in many cases, is giving only one year warranty. Resellers like WORTEN, are even putting up signs saying that "in the case of any warranty issues with Apple products, those will be handled by Apple itself"-
So there are many grey areas. APPLE is not giving 2years of warranty, and the stores don't want to be liable, if APPLE is not by their side.
[quote name="cycomiko" url="/t/151351/portuguese-consumer-group-to-sue-apple-over-applecare#post_2148957"]This will become more common once consumer groups set their focus on Apple. I know our local (NZ) consumer agencies need to stand up. Numerous computer suppliers offer extended warranties, of which are not required, because regardless of the official warrantee, our local Consumer Guarantees Act states that an item must be durable and fit for purpose. The hard view on computers is
How long can I expect my goods to last?
If you have a co mputer and the warranty is for one year, that doesn’t mean that you expect a new co mputer to only last one year. It is reasonable to expect that a new co mputer would last at least five years.
But, because its harder for an individual to enforce the Act, a lot of people will pay for their own goods, especially when dealing with foreign support services, which Apple provides here
[/quote] If these sorts of writings can indeed lead to class action type law suits or even nations suing then I would have thought the PC industry was in far worse shape than Apple in the long run. Not too many consumer level PCs are still working fine after five years. That said it mostly due to Microsoft not due to hardware so I'm not sure of the NZ authorities treat that differently.
[quote name="nonnu" url="/t/151351/portuguese-consumer-group-to-sue-apple-over-applecare#post_2148959"]First of all a correction, the actual name of the gentleman is Jorge Morgado, not George Morgad. Second, it's a fair question. On the Apple's US and PT websites it stated that "For up to three years from your computer's original purchase date, the AppleCare Protection Plan" so... in the US it's the standard 1 year + 2 more. So you are buying two more years. On EU every product has 2 years of warranty so you are buying 1 more year it seams clear. But the thing is that APPLE, in many cases, is giving only one year warranty. Resellers like WORTEN, are even putting up signs saying that "in the case of any warranty issues with Apple products, those will be handled by Apple itself"- So there are many grey areas. APPLE is not giving 2years of warranty, and the stores don't want to be liable, if APPLE is not by their side. [/quote] I would agree it is confusing.
Question: Does Apple make a profit on Applecare? If they do, I would question the ethics of it. It would be fair enough for the scheme to cover its costs, but it should be a service to customers rather than a source of profit.