Kevin Bostic
The European Union's Justice Commissioner singled out Apple on Tuesday as an example of poor enforcement of consumer rules, saying that E.U. nations need to more forcefully take the iPhone maker to task regarding its responsibilities with regard to warranties.
Belgian Online Apple Store's AppleCare webpage with footnote link to EU warranty rights (in red).
Speaking on Tuesday, EU Justice Commissioner Viviane Reding called current EU enforcement "very diversified and inconsistent at a national level." Dow Jones Business News quoted Reding as saying that the current consumer protection enforcement environment is "simply not good enough," with Apple allegedly failing to properly inform consumers about their warranty rights "in at least 21 EU Member States."
Under EU law, consumers are entitled to a two-year warranty, but Apple prominently advertises that its products come with a one-year manufacturer warranty. Reding has previously charged that Apple filed to properly inform EU consumers of their automatic and free-of-cost entitlement to a minimum two-year guarantee.
Addressing the issue most recently, Reding said that lawsuits have been filed against Apple by consumer associations in Belgium, Luxembourg, Portugal, and Germany. The Italian Antitrust Authority late last year fined Apple €900,000 over its product warranty policies.
According to Reding, the case is indicative of a need for the European Commission to occasionally take a more prominent role in monitoring and coordinating consumer protection laws. Reding suggested that the Commission could draw attention to recurring problems across the EU, possibly by publicizing tools such as online price comparisons and consumer reviews.
Charles Martin
Christine McKee
Oliver Haslam
49 Comments
Can we get a clarification as to what each side means by "warranty"? I've heard from other posters who actually live in the EU that Apple's warranty + Apple Care is much better than the auto EU warranty.
…the current consumer protection enforcement environment is "simply not good enough," with Apple allegedly failing to properly inform consumers about their warranty rights "in at least 21 EU Member States."
"So this EU you have here. Does everyone have to have a warranty?"
"Mostly."
"Uh huh. And do they all have to tell consumers about the existence thereof?"
"Mostly."
"Okay. And, uh, do you imagine there's anyone unaware of the fact that they have a warranty when they purchase a product? Let's go back even before the formation of the EU for that one."
"No, I don't figure that anyone doesn't know they have a warranty when they purchase a product."
"All right. Then shut up. Obviously we have a warranty. We're not wasting our time or our customers' whining about it to them."
Don't know if this judge's claim is true or not, but if it is, Apple simply needs to get on with it. The law is the law where you do business. If you don't like it, don't do business there. Or, build it into your pricing. Or something. But stop playing games and attracting negative attention. (I know, I know, others might be doing it too; but I could care less).
..."According to Reding, the case is indicative of a need for the European Commission to occasionally take a more prominent role in monitoring and coordinating consumer protection laws...'
The case is indicative of the EU to pay for Cyprus bailout. And Greece... And Italy... And ....
[quote name="anantksundaram" url="/t/156546/eu-judge-again-points-finger-at-apple-over-warranty-rights#post_2296559"]Don't know if this judge's claim is true or not, but if it is, Apple simply needs to get on with it. The law is the law where you do business. If you don't like it, don't do business there. Or, build it into your pricing. Or something. But stop playing games and attracting negative attention. (I know, I know, others might be doing it too; but I could care less).[/quote] While what you say is true and Apple has no excuse for not following the law, the above statements appear to be politically motivated: "According to Reding, the case is indicative of a need for the European Commission to occasionally take a more prominent role in monitoring and coordinating consumer protection laws. " Sounds like a power grab to me. Further, he states that enforcement is inconsistent and suggests that interpretation of the laws isn't clear or consistent. In previous cases, Apple argued that they felt that they were following the law. After losing a lawsuit, they implemented changes that they thought fully complied with the law. Then they were sued again. It really sounds like at least part of the problem is lack of clarity in exactly what the law requires. I really don't see Apple (or anyone else, for that matter) intentionally violating warranty laws if it's clear what they have to do. At least some of the blame falls upon the member states for failure to make it clear exactly what is required - and then to consistently enforce the laws.