ACCC takes Apple to court over customer repair experiences

Australia’s Competition and Consumer Commissions has launched proceedings in the Federal Court against Apple regarding potentially “false, misleading or deceptive representations” about consumers’s rights under the Australian Consumer Law.

We’ve all hear the stories, turns out a few people didn’t just complain to mates, they called the ACCC.

Initially, the investigation the ACCC launched related to the “error 53” message that some users got after doing a software upgrade.  Error 53 was basically the device inferring that a non genuine part had been fitted.

While investigating this Error 53, the ACCC revealed that Apple may have “routinely refused to look at or service a customer device” if they felt or detected that a third party may have serviced their device.

I’ve had this happen, on an old iPhone 5, we had cracked screen.  There was also a battery issue, and when we asked Apple, they detected the third party screen we’d had installed (cheap, because like most people, the cost is a barrier), and we were told they were unable to look at the battery because any issue with the battery could have been caused by the third party screen.  Frankly, that seemed pretty legit to me.

Let’s be honest, these things are tiny.  The components are crammed in, and may well not like being disturbed.  So how can Apple warrant something that may have been tampered with.

That’s going to be their argument I’d think, and the ACCC’s will be the complete opposite.  It’s Apple’s place to service devices, no matter what else has been done to it.

It would be like a car dealer refusing to look at your car any more because you fitted a no-name oil filter. That’s the ACCC’s argument.

ACCC Chairman Rod Sims says “Consumer guarantee rights under the Australian Consumer Law exist independently of any manufacturer’s warranty and are not extinguished simply because a consumer has goods repaired by a third party,“

“Denying a consumer their consumer guarantee rights simply because they had chosen a third party repairer not only impacts those consumers but can dissuade other customers from making informed choices about their repair options including where they may be offered at lower cost than the manufacturer.” 

“As consumer goods become increasingly complex, businesses also need to remember that consumer rights extend to any software or software updates loaded onto those goods. Faults with software or software updates may entitle consumers to a free remedy under the Australian Consumer Law.”

 

Apple has made no comment on this ACCC action.

 

Recent Posts

  • Podcasts

The Best Movies You’ve Never Seen podcast: Coming to America

Eddie Murphy plays an African Prince - and more, in this romantic comedy. A story…

15 hours ago
  • Lifestyle

LEGO creates art for Soccer fans with Ronaldo, Messi and more Football icon sets

If you thought LEGO had found all the iconic places, things and brands to partner…

15 hours ago
  • Tech

Microsoft will bring FanFest to Sydney as part of 25th Anniversary tour

Microsoft has had a rough couple of years with Xbox, but with a change of…

17 hours ago
  • Tech

ASUS brings Ceraluminum to their 2026 Zenbook range alongside a new dual-display Zenbook Duo

Alongside their gaming announcements, ASUS has also announced their new lifestyle range with a new…

18 hours ago
  • Reviews

Nothing Phone (4a) Review: Transparent Style Meets Serious Specs on a Budget

The Nothing Phone (4a) series was announced last month, Trevor has just checked out the…

19 hours ago
  • Product News

ROG Turns 20: ASUS Celebrates Two Decades of Gaming Innovation with Zephyrus Duo dual-display gaming and more

ASUS’ gaming focused Republic of Gamers (ROG) line has hit the 20 year anniversary this…

20 hours ago