Sam Oliver
The chief justice of the European Union has said that Apple's advertised AppleCare product warranties should be examined to determine whether they comply with the law.
EU Justice Commissioner Viviane Reding wrote a letter to the 27 countries that are members of the EU that was obtained by Bloomberg. The letter called Apple's marketing practices "unacceptable."
"Apple prominently advertised that its products come with a one-year manufacturer warranty but failed to indicate the consumers' automatic and free-of-cost entitlement to a minimum two-year guarantee under EU law," Reding wrote.
The letter comes after the Italian government fined Apple $1.2 million earlier this year for not providing customers with accurate information regarding mandated product guarantees and warranty stipulations. Apple was investigated for "unfair commercial practices," and was found to have pushed its paid two-year AppleCare warranty on customers, despite the fact that EU laws require companies to offer the same protections without charge.
In response, Apple featured a "communication to protect consumers" in Italy in January. In complying with the court order, Apple began informing customers at its online store about the legally mandated two-year warranty.
While Apple's warranty trouble has been primarily in Italy to date, the letter from Reding suggests that those issues could spread to other countries in the EU. Each country in the union has different sanctions for violations of consumer protection law, but the EU cannot investigate a company itself for misleading advertising.
Charles Martin
Christine McKee
Oliver Haslam
39 Comments
Here we go. Again. I mean, it really isn't necessary. If something breaks down in the 2nd year, simply go back to the store and tell them you are entitled to the same warranty they gave during its 1st year. They will, and do, take that to heart and comply. There's really no point in requesting Apple to change their advertisement 'strategy'.
[quote name="PhilBoogie" url="/t/153033/eu-judge-recommends-review-of-apples-advertised-warranties#post_2202487"]There's really no point in requesting Apple to change their advertisement 'strategy'.[/quote] Except if people don't ask for it, they will be charged for the repairs. Apple are charging for AppleCare which advertises that it offers more than call-centre support, which it does not. It is Apple's responsibility to ensure they are following the laws of the countries they sell in, and do not misrepresent a customer's rights. That doesn't necessarily mean they have to inform the customer of their rights, but just that they do not deliberately and with foresight mislead them.
This just in, Apple to stop selling all products and services in the EU.
This just in minutes later, citizens of the EU have impeached those responsible for this inquiry.
Here we go. Again. I mean, it really isn't necessary. If something breaks down in the 2nd year, simply go back to the store and tell them you are entitled to the same warranty they gave during its 1st year. They will, and do, take that to heart and comply. There's really no point in requesting Apple to change their advertisement 'strategy'.
According to a couple of news stories a few months ago there are concerns Apple uses the advertised one-year warranty as a marketing tool to help sell AppleCare, which the Italian government took issue with. IMO that's probably at least one of the concerns for the EU Chief.
[quote name="PhilBoogie" url="/t/153033/eu-judge-recommends-review-of-apples-advertised-warranties#post_2202487"]Here we go. Again. I mean, it really isn't necessary. If something breaks down in the 2nd year, simply go back to the store and tell them you are entitled to the same warranty they gave during its 1st year. They will, and do, take that to heart and comply. There's really no point in requesting Apple to change their advertisement 'strategy'.[/quote] That assumes that everyone knows their rights and is willing and able to enforce those rights. I don't know EU law so I can't evaluate the validity of the claims. However, if it is true that Apple has to offer a two year warranty, then their packaging and advertising should reflect that.