Various federal agencies enforce consumer protection laws, including the FTC, the Consumer Financial Protection Bureau (CFPB), the Federal Communications Commission (FCC), the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the United States Department of Agriculture (USDA). Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. If you are quick to report the problem Apple will usually accept fault and repair the damage without question. Put differently, the Commissions final decision is not appealable to a federal appellate court by FTC staff if the Commission dismisses the complaint. Yes, and this is in fact typical. copied from: http://www.apple.com/uk/legal/statutory-warranty/ View in context View all replies Who is responsible through consumer law? Apple will update these Guidelines as necessary. 2 Year warranty for your new Mac, iPad, iPhone, Apple Watch, HomePod & AirPods*. Additionally, the FTC announced in December 2022 that it is seeking public comment on potential updates to the Green Guides, signaling increasing protections for consumers in this arena moving forward. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. << /Filter /FlateDecode /Length 4987 >> See FTC, International Consumer Protection and Cooperation [Hyperlink], GPEN: the Global Privacy Enforcement Network (GPEN) is a group of privacy enforcement authorities that work together to facilitate sharing of information and cooperate on cross-border enforcement of laws protecting privacy. The device purchased on June 2015 from Apple. Sometimes, the FTC will do sweeps of a particular industry to ensure compliance with the law. Select federal consumer protection statutes, which apply nationwide, include the Federal Trade Commission Act (FTC Act), the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Gramm-Leach-Bliley Act (GLB Act), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA), the Identity Theft and Assumption Deterrence Act, the Childrens Online Privacy Protection Act (COPPA), the Telephone Consumer Protection Act (TCPA), the Video Privacy Protection Act (VPPA), the Federal Tort Claims Act (FTCA), the Consumer Product Safety Act (CPSA), the Federal Food, Drug and Cosmetic Act (FDCA), the Magnuson Moss Warranty Act, the Lanham Act, and the Securities Exchange Act of 1934 (SEC Act). Code 17.45(4). 15 USC 45(m)(1)(B). In addition (after all judicial review of its order is complete), the Commission may seek consumer redress from the respondent in a federal district court for consumer injury caused by the conduct that was at issue in the administrative proceeding. Under the updated law, consumers have new rights, including the right to correct personal information that a business has shared about them and the right to limit the disclosure of sensitive personal information collected about them. Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. ("Apple") about customers of Apple's devices, products and services. Apple may use Apple Products or replacement parts for service that are sourced from a country that is different from the country from which the Apple Product or original parts were sourced. Our daily roundup of Apple news, reviews and how-tos. Additionally, many state consumer protection laws provide individual and class action remedies for victims of false and deceptive Conduct, including statutory damages, restitution, and injunctions. Under the FCRA, which restricts the use of information held by consumer reporting agencies, the term simply means an individual. You must seek to have it repaired under Apples one-year warranty or AppleCare. File Safe Web Act (194.69 KB) http://uscode.house.gov/view.xhtml Press Release If a breach of these protections involves a product defect or risk of a safety hazard to consumers, the remedies can involve enforcement by a federal or state regulatory agency. Apple Inc. All rights reserved. It does not matter whether you take your product to an Apple Store, an Apple Authorized Service Provider, have on-site service, or have it serviced by mail. At the conclusion of the investigation, staff will either recommend closing the investigation or the filing of a complaint. See, e.g., UCC 2-316 (relating to the exclusion or modification of warranties). FSM Mahallesi Poligon Caddesi Buyaka 2 Sitesi No:8, Blok No.2 (C Blok) Kat:18 34471mraniye stanbul, Turkey, PO BOSX A2629, Sydney South, NSW 1235, Australia Tel: 133 622, 3901, ASEM Tower; 159, Samsung-dong, Gangnam-Gu; Seoul 135-798, Republic of Korea, Units 610-13 on partial Floor 6, HSBC Building (i.e., Tower A), Shanghai ifc, 8 Century Avenue, Pudong New Area, Shanghai, China. Should you require further assistance, contact Apple at the telephone number listed below. If you have questions about warranties on new or refurbished Apple hardware, just select a product below. For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to these additional rights. Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with 11 offices across the country. HH4401-6 ,The Offices at Central World, 999/9 Rama 1 Road, Pathumwan, Pathumwan, Bangkok, 10330, Thailand. If Apple determines that your Apple Product is eligible for mail-in service, Apple will send you prepaid waybills and if applicable, packaging material, so that you may ship your Apple Product to an ARS or AASP location in accordance with Apples instructions. HOW CONSUMER LAW RELATES TO THIS WARRANTY. 7.6 Is there a right to a stand-alone action and follow-on right of action within consumer law? While the rulemaking process takes many years, the results seek to provide meaningful guidance for businesses and robust protection for consumers. (b) Service where Apple does not require return of the replaced Apple Product or part. The FTC joins with more than 100 foreign competition and consumer protection authorities around the world and regularly cooperates with foreign authorities on enforcement and policy matters. The information contained in theSystemis designed to help customers determine if service for their products is covered under the terms of Apple's limited warranty or an Apple extended service contract, such as the AppleCare Protection Plan and AppleCare+. Copyright Consumer Protection > SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. If you think you have a valid consumer law claim, please contact us . Our readers say: "Thank you guys for always posting cool stuff" -- Vaughn Nevins. Violation of federal orders can lead to remedies within a judges discretion, including contempt of court. Unlike appeals in state or federal courts, the Commission reviews the ALJs entire decision anew, without deference. Enforcement by the FTC may be achieved through either administrative or judicial action, or both. A growing number of consumers are looking to buy environmentally friendly, green products, whether designated as natural, non-toxic, sustainable, compostable, or otherwise. For example, Californias CLRA allows plaintiffs to bring private civil actions against companies that use unfair methods of competition and unfair or deceptive acts or practices, including [r]epresenting that goods or services are of a particular standard, quality, or grade [] if they are of another. See UCC 2-313. Consumers have the right to choose whether to claim service under the Apple One-Year Limited Warranty or under their consumer law rights. 16 CFR 2.10. ] Cal. YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE APPLE PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. Federal regulations are also evolving with the consumer purchase experience, which is increasingly online. The effects of an appeal vary based on circumstances. Major tech firms face hefty fines under new digital consumer bill Global companies like Google, Apple and Amazon could have to pay penalties of up to 10% of their global turnover as government. Utahs Consumer Privacy Act takes effect on December 31, 2023. As indicated above, if a breach of the protections in relation to the quality or function of goods involves a product defect or risk of a safety hazard to consumers, then various federal and state agencies may have the authority to initiate proceedings for the breach. WASHINGTON (7News) Nearly $290,000 in Apple AirPods and Apple Watch counterfeits recently shipped from China were seized last month by U.S. Customs and Border Protection (CBP) officers at . About the purchase date or expiration date for your AppleCare agreement, Check if you already have an AppleCare plan or are eligible to buy one, Learn more about AppleCare service contracts, Learn more about complimentary technical support, Findmanuals, downloads, troubleshooting advice, and more at. The penalty is assessed by a federal district court in a suit brought to enforce the Commissions order. April 20, 2023. In court actions seeking injunctive relief, monetary damages, and/or penalties, often an appeal will suspend the defendants obligation to pay a penalty. Id. 42-110b(a). Private Company. Bus. The CMA opened its investigation into Apple Inc, due to concerns that some of its practices may breach consumer law. Apple technicians sometimes cause more harm than good. USA Chapter Consumers can file complaints online at [Hyperlink] or by calling 1-877-FTC-HELP. Under the UCC, [t]he measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted. 15 U.S.C. 2:22-MD-03025 (S.D. For example, the CPSC broadly prohibits the sale of consumer products that contain a defect which could create a substantial product hazard or products that create an unreasonable risk of serious injury or death, but also has specific standards declaring that it is a substantial hazard for [c]hildrens upper outerwear in sizes 2T to 16 to hav[e] one or more drawstrings. Once again, Duke University School of Nursing tied with other schools for the No. Instructions may be sent to you via email or in hard copy with the packaging material. The goods must also: pass without objection in the trade; in the case of fungible goods, [be] of fair average quality; be fit for the ordinary purposes; run, within the variations permitted by the agreement; be adequately contained, packaged, and labelled; and conform to the promise or affirmations of fact made on the container or label if any. 2023 APPLE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY APPLE PRODUCT UNDER THIS WARRANTY OR REPLACE THE APPLE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE APPLE PRODUCT. Due to the overwhelming number of goods and services available to the consuming public, individuals may also pursue monetary and injunctive remedies via state law private rights of action. 8.3 Does an appeal suspend the effect of any penalty/the requirement to pay any fine (if applicable)? Only Apple or an AASP should perform service on this Apple Product. Admin. "Very informative" -- Kenly Xavier. Below is what. Tell Apple about your products problem and demand that it be addressed through repair or replacement. 15 USC 57b(d). The CFPB regulates entities that provide consumer financial products or services. See 16 CFR 1115.20. If Apple determines that your Apple Product is eligible for mail-in service, Apple will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Apple product, so that you may ship your Apple Product to an ARS or AASP location. The payment of penalties will generally be stayed on appeal automatically. 8.1 Describe any appeal processes. You can return any Apple product for any reason whatsoever within the fourteen-day period unless: If your product falls into either the first or second category you can still return it, but only if it exhibits a legitimate problem (i.e. See, [Hyperlink]. In administrative actions, a party subject to a cease-and-desist order under section 5 of the FTC Act may apply to the Commission for a stay pending judicial review. When seeking service, Apple may request that you submit the original sales receipt of your product to verify eligibility for warranty service, even if you have already registered your product. Consumers do not have appellate rights from enforcement action decisions, because consumers are not parties to such actions. As such, both public and private enforcement are expected to increase throughout the United States as data privacy laws evolve. Amy Klobuchar, D-Minn., and Chuck. The FTC and defendant retailers/manufacturers can appeal administrative enforcement decisions as described in response to question 8.1 above. If DIY parts service is available in the circumstances, the following process will apply. The FTC and state attorneys general are responsible for enforcing the INFORM Consumers Act. In addition to the federal consumer protection laws discussed above, state and local governments regulate consumer protection in a variety of ways, ranging from false advertising law, to unfair business practice regulation, to food safety requirements for local restaurants, to product labeling, to privacy, biometrics and artificial intelligence. Whenever the Commission has reason to believe that any party is violating, or is about to violate a provision of law enforced by the Commission, the Commission may ask the district court to enjoin the allegedly unlawful conduct, pending completion of an FTC administrative proceeding to determine whether the conduct is unlawful. Service options, parts availability and response times may vary according to country. The party losing in the court of appeal may seek review by the United States Supreme Court, upon petition for a writ of certiorari. Under the Dodd-Frank Act, which overhauled financial regulation after the Great Recession of 20072009, consumer means an individual or an agent, trustee, or representative acting on behalf of an individual. Under the Texas Deceptive Trade Practices and Consumer Protection Act (DTPA), the definition of consumer includes an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services. This may include the right of customers in California and other jurisdictions to have the warranty period extended for the number of whole days that the product has been out of the customer's hands for warranty repairs. 15 USC 45(n). Id. Apple contact details are available here. "Absolutely love the content!" Show Who Wrote That Up For You?, Ep Dave . The definition of consumer is statute-specific and varies depending on the nature of the goods or services being regulated. 1681(a)(c). Civil penalties are available if the Commission can prove that a defendant has violated a Rule with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. At the federal level, the INFORM Consumers Act, described in question 4.5 above, goes into effect on June 27, 2023. In fact, the Commission even reviews ALJ fact findings without deference. The law also increases wage garnishment protection to 90% of disposable wages or 60 times the highest minimum wage in the state, whichever is greater, and lowers interest on medical debt to a treasury yield benchmark or 3%, whichever is lower. Apple warrants the Apple-branded hardware product and Apple-branded accessories contained in the original packaging (Apple Product) against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Under consumer law in the UK (Sale of Goods Act 1979), even after your initial warranty/guarantee has ended consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. Tex. 2023 See id. The target may have a meet-and-confer with the staff designated on the CID to attempt to negotiate the scope of the CID. For information about service for discontinued products, please click here. 47 U.S.C. There is no statute of limitation when the FTC seeks an injunction in connection with ongoing conduct. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Benzene is a known carcinogen associated with leukemia and other cancers. State and federal laws also affect safety through labelling and disclosure requirements. These efforts include developing specific resources, conducting outreach and events, initiating law enforcement actions, and conducting research to better identify and understand the equity issues. 2.5 What remedies are available for a breach of the protections in relation to the quality and function of goods and services? For example, Rule 45 allows for subpoenas that can compel testimony, the production of documents, electronically stored information or other tangible items. 2084. When a company continues to sell dangerous productsit must be held accountable, emphasised Alexander Hoehn-Saric, CPSC Chair. This Warranty is governed by and construed under the laws of the country in which the Apple Product purchase took place. DIY parts service allows you to service your own Apple Product. In California, as of January 1, 2023, the CPRA applies to businesses that collect personal information from or about Californians and either: (1) have a gross annual revenue over $25 million; (2) buy, sell, or share personal information of 100,000 or more consumers or households; or (3) derive 50% or more of their annual revenue from selling California residents personal information. 15 USC 45(c). Gov. As one example, the Childrens Advertising Review Unit, a subdivision of the BBBNP, referred the company Musical.ly (predecessor to TikTok) to the FTC for allegedly violating COPPA, and the FTC subsequently brought an enforcement action. However, this fee is routinely waived if you request it. However, consumers (and retailers/manufacturers) have full appellate rights in private civil litigation matters originated in state or federal courts, brought under state statutes like Californias CLRA or UCL or under federal statutes like ECOA, TCPA, FCRA, etc. In Colorado, a new provision of ColoPA will give consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data starting July 1, 2023. In an example of successful private enforcement, in late 2021, individual consumers settled class action claims that Coppertone sunscreens were misleadingly labelled as being mineral based, despite their many chemical and toxic active ingredients. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. In addition, these agencies may coordinate with the DOJ to bring enforcement actions which may result in civil or criminal penalties. 2.3 What types of goods and services are covered by the protections relating to the quality of goods and services? If a matter is still not resolved, the FTC has the option of filing a complaint in an administrative forum before an administrative law judge (ALJ) or directly in the federal district court. Apple will provide warranty service through one or more of the following options: (i) Carry-in service. This is more than double the amount lost to investment scams in 2021. If your problem is intermittent, say so. Many states also recognise relevant common law claims, including, for example, product liability and negligence. The respondent may then file a petition for review with any U.S. Court of Appeals within whose jurisdiction the respondent resides or carries on business or where the challenged practice was used. Keep a record of all communications with Apple. Information about Apple Bag Check Class Action Settlement, Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. Building 6, Block C, 88 Maji Road, China (Shanghai) Pilot Free Trade Zone, Shanghai 200131, China. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and. Normally, if your Mac or iPhone develops a problem, Apples return policies or warranty service will make it right. Code 1770(a)(5). An Apple representative or AASP will help determine whether your Apple Product requires service and, if it does, will inform you how Apple will provide it. Check your credit report. Consumers reported losing more money to investment scams more than $3.8 billion than any other category in 2022. For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below. Apple or its successor in title is the warrantor under this Warranty. Specifically, under the UCL and CLRA, as well as Californias False Advertising Law (FAL), consumers pursue public injunctive relief, which has the primary purpose and effect of prohibiting unlawful acts that threaten the general public. Furthermore, if the seller had reason to know the buyer was acquiring the goods for a particular purpose, the goods must be fit for that purpose. If your coverage expiration date is incorrect. Apple customers who purchased certain previous iPhone models can now submit claims for about $25 per phone as part of the company's settlement of a class action lawsuit that accused it of slowing. Analogous state law claims such as Californias statutes described in question 4.1 employ a reasonable consumer test which evaluates false and misleading business practices from the vantage of an ordinary consumer. In prior years, the FTC mainly focused on enforcement actions, but recent trends indicate a new focus on rulemaking to address unfair and deceptive business practices, including new initiatives on earnings claims (with respect to multi-level marketing schemes, for-profit colleges, and gig employment opportunities), telemarketing, automotive junk fees, government impersonation, and commercial surveillance. 67273. If you have a legal question, contact an attorney.***. Under the Act, once Apple breaches its warranty, you the consumer may elect either replacement of your Mac or a full refund, without charge, in exchange for your defective Mac. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty. Consumer-plaintiffs often bring parallel claims under Californias Unfair Competition Law (UCL), which offers similar protections against deceptive business practices. UCC 2-714(2). Under President Biden, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been increasingly active in their consumer protection efforts. If you find yourself embroiled in a legitimate warranty dispute that you are unable to resolve on your own, you may want to consider contacting an attorney. EC and US regulators have a series of ongoing investigations into Apple's App Store including more widely considering whether the 30% commission it charges for in-app purchases is fair. Civ. 73 P.S. She seeks class action for anyone affected by Apple's various violations of privacy law, competition, and more. In February 2021, the Northern District of California approved a $650 million settlement for Facebooks alleged violations of Illinoiss BIPA. These powers include issuing subpoenas, taking depositions or causing them to be taken, compelling admissions, holding settlement conferences, making initial decisions, and holding parties in contempt if they fail to comply with the ALJs orders. See, e.g., California Sherman Act, Cal. Code 1761(d) but some statutes sweep more broadly. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'cultofmac_com-box-4','ezslot_2',689,'0','0'])};__ez_fad_position('div-gpt-ad-cultofmac_com-box-4-0');if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'cultofmac_com-box-4','ezslot_3',689,'0','1'])};__ez_fad_position('div-gpt-ad-cultofmac_com-box-4-0_1'); .box-4-multi-689{border:none !important;display:block !important;float:none !important;line-height:0px;margin-bottom:7px !important;margin-left:auto !important;margin-right:auto !important;margin-top:7px !important;max-width:100% !important;min-height:250px;padding:0;text-align:center !important;}.

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