Id. See FTC Rules of Practice 3.56(b). Apple Authorized Service Providers http://support.apple.com/kb/HT1937 | http://support.apple.com/kb/HT1434. Plaintiff Julia Cima filed the lawsuit with the Northern District of California. See Strategic Plan for Fiscal Years 2022-2026 (2022), [Hyperlink]; Through its Every Community Initiative, the FTC supports consumers in historically underserved communities, which may be disproportionately affected by fraud and other consumer issues. Generally, if it has been more than fourteen days since purchase you may no longer simply return your product. There is a five-year statute of limitations for seeking civil penalties, 28 USC 2462, and a three-year statute of limitations for redress that the Commission would seek in connection with a rule violation. New updates to state data privacy regimes also go into effect this year. Id. In addition to the evolving federal regulatory scheme, most states have one or more consumer protection statutes that prohibit unfair and deceptive business practices within their borders. Apple on Monday announced that it is now offering its Apple Card holders the option of saving their cash-back rewards in a 4.15% high-yield savings account with Goldman Sachs, along with other . For example, in January of 2023, the California Attorney General announced an investigative sweep of popular mobile apps in the retail, travel, and food service industries, uncovering many which were out of compliance with the CCPA for allegedly failing to honor consumers requests to opt out of the sale of their personal data. The payment of penalties will generally be stayed on appeal automatically. (c) Apple is not responsible for any labor costs you incur relating to DIY parts service. At the state level, each Attorney General investigates and enforces consumer protection laws; in some states, District Attorneys also have the authority to prosecute consumer protection claims. 2016 Apple Inc. All rights reserved. Upon appeal of an initial decision, the Commission receives briefs, holds oral argument, and thereafter issues its own final decision and order. v. Celsius Holdings Inc., No. Apr 27, 2023, 1:25 PM PDT. W_]gw2OcZ)~kUid]-|b(}O&7P;U {I]Bp.0'-.%{8YorNbVdg_bYg#. This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apples published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (AASP); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, or (i) if any serial number has been removed or defaced from the Apple Product. In January 2023, three new additional state privacy laws came into effect: the Virginia Consumer Data Protection Act (VCDPA); the Colorado Privacy Act (ColoPA); and the California Privacy Rights Act (CPRA), which will extend and amend the CCPA. 2.7 Describe at least two examples of public or private enforcement of these protections in the last five years, including the conduct/alleged conduct, result and penalties imposed. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. Apple may install system software updates as part of warranty service that will prevent the Apple Product from reverting to an earlier version of the system software. Meeting these elements can be particularly challenging for privacy plaintiffs, whose harms are often more abstract and harder to tie to economic losses. Additionally, the Commission may obtain civil penalties and consumer redress for violation of the FTC Rules. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800 . Remedies available under the CLRA are wide-ranging, and include monetary damages, punitive damages, restitution, and injunction, as well as attorneys fees. Opening the Apple Product may cause damage that is not covered by this Warranty. In Utah, the UCPA applies to controllers and processors that: (1) conduct business in Utah or produce a product or service targeted to consumers who are Utah residents; (2) have an annual revenue of $25 million or more; and (3) meet at least one of the following thresholds: (i) during a calendar year, control or process the personal data of 100,000 or more consumers; or (ii) derive over 50% of the entitys gross revenue from the sale of personal data and control or process personal data of 25,000 or more consumers. 3d 627, 633 (2017). Service will be performed at the location, or Apple Retail or an AASP may send your Apple Product to an Apple Repair Service (ARS) location to be serviced. If you think you have a valid consumer law claim, please contact us . If your coverage expiration date is incorrect. Upon conclusion of the hearing, the ALJ issues an initial decision, setting forth his or her findings of fact and conclusions of law, and recommending either entry of an order to cease and desist or dismissal of the complaint. You can also obtain additional benefits by purchasing the optional AppleCare Protection Plan or AppleCare+. Consumer law Apple 1 year limited warranty 1, AppleCare Protection Plan, and AppleCare+ benefits are in addition to rights provided by consumer law. If you shop at a vendor other than Apple, you are stuck with whatever their return policy is. The FCC also issued a new rule limiting robocalls that is set to go into effect in mid-July 2023. Individual consumers may also initiate individual or class action proceedings for breaches of state statutory or common law duties. Online information with details on obtaining warranty service is provided below. Your Rights When You Shop by Mail, Online, or by Phone Disputing Credit and Debit Card Charges Your Rights When You Get Unordered Merchandise Avoiding Shopping Hassles Report Problems Your Rights When You Shop by Mail, Online, or by Phone 15 USC 45(n). Bloomberg . In some states, individuals are required to give advance notice of the alleged deceptive practices to the business, thereby creating a safe harbour period for the business to address the individuals claims and avoid legal liability or other penalties. The case then proceeds from that point along the same path as cases originally filed in the district courts. One Apple Park Way; Cupertino, CA 95014, U.S.A. Hollyhill Industrial Estate Hollyhill, Cork, Republic of Ireland, PO Box A2629, Sydney South, NSW 1235, Australia Tel: 133 622, 2401 Tower One, Times Square, Causeway Bay; Hong Kong, 19th Floor, Concorde Tower C, UB City No 24, Vittal Mallya Road, Bangalore 560-001, India, 6-10-1 Roppongi, Minato-ku Tokyo 106-6140, Japan, 3901, ASEM Tower; 517 Yeongdong-daero,, Gangnam-Gu; Seoul 06164, Republic of Korea, Level 11 MENARA CIMB, Jalan Stesen Sentral 2 Kuala Lumpur Sentral 50470,KualaLumpur,Malaysia, C/o 88 Shortland Street, Auckland Central, Auckland, 1010 , New Zealand, Afghanistan, Bangladesh, Bhutan, Brunei, Cambodia, Guam, Indonesia, Laos, Singapore, Nepal, Pakistan, Philippines, Sri Lanka,, Vietnam. Copyright This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Apple Products specifications (Apple Product specifications are available at www.apple.com under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apples published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (AASP); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, (i) if any serial number has been removed or defaced from the Apple Product, or (j) if Apple receives information from relevant public authorities that the product has been stolen or if you are unable to deactivatepasscode-enabledor othersecurity measures designed to prevent unauthorized access to the Apple Product, and you cannot prove in any way that you are the authorized user of the product (eg. The first step of suing Apple in Small Claims Court. In addition, the USDA regulates certain agricultural products. The FTC is a civil enforcement agency that cannot seek criminal penalties, though in egregious cases, it partners with criminal authorities to impose remedies, as described in response to question 6.5 above. See FTC Rule of Practice 3.53. Apple warrants the Apple-branded hardware product and 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"). Our State AG webinar series continues, this time with Ohio Attorney General Dave Yost and Chief of the Consumer Protection Section Melissa Wright. The effects of an appeal vary based on circumstances. Under the terms of the settlement, class members may claim reimbursements up to $250, and Celsius agreed to remove the challenged no preservatives label claim. Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. Copyright This may be as simple as pointing out hairline fractures in your MacBooks case or as complex as demonstrating defects with a Macs logic board, which can be intermittent and hard to diagnose. The party losing in the court of appeal may seek review by the United States Supreme Court, upon petition for a writ of certiorari. In court actions seeking injunctive relief, monetary damages, and/or penalties, often an appeal will suspend the defendants obligation to pay a penalty. In most states, only the Attorney General can issue penalties. Part 210; 21 C.F.R. At common law, remedies may include replacement of the defective product, damages, or contractually agreed-to liquidated damages, in circumstances where damages are difficult to calculate. ] Cal. Where international service is available, Apple may repair or replace Apple Products and parts with comparable Apple Products and parts that comply with local standards. 9.1 What are the recent enforcement trends in your jurisdiction? TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. If so, please describe these prohibitions/protections. Remedies include product recalls or seizures and civil or criminal penalties. 2.6 Who has or which agencies have standing to initiate proceedings for a breach? See [Hyperlink]. 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. 23-087. The firm has been named to the National Law Journal's Plaintiffs' Hot List eight . FDA 2023-U-0484). When things do go wrong, Apple normally backs its products with excellent technical support and warranty service. If you believe you may need an attorney but are unsure about where to start contact your local bar association and take advantage of their referral services. $290,000 worth of counterfeit Apple products were seized at Washington Dulles Airport. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. KRWEa7JC^z-kPdhr_ 3J*d 0G -p2K@u&>BXQ?K2`-P^S J:9EU(2U80A#[P`##A-7P=;4|) J(D/UJK`%h(X!v`_}#Y^SL`D( :BPH:0@K?> Z4^'GdA@`D.ezE|k27T G+ev!uE5@GSIL+$O5VBEUD 2t%BZfJzt:cYM:Tid3t$ More than 2.4 million consumers reported being victims of fraud in 2022, with the most commonly reported fraud being imposter scams, followed by online shopping scams. To get your free credit report, go to AnnualCreditReport.com, or call 1-877-322-8228. 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. 15 USC 2064(b). See United States Consumer Product Safety Commission, Press Release No. 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 The entities governed vary by statute. The Magnuson-Moss Warranty Act gives you the consumer an absolute right to satisfactory warranty repair. "Very informative" -- Kenly Xavier. In January 2022, the FTC reached a $4.2 million settlement agreement with Fashion Nova, LLC, an online fashion retailer. 6.6 Can investigations be resolved by way of commitments or undertakings? In December 2022, Arizona Proposition 209, which significantly increases exemptions for medical debt, went into effect. [-~P?42r%gS(_: If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Apple Product or part and shipping to and from your location. These organisations include the FTC and government offices from other countries, such as Germany, Ireland, Italy, Japan and Mexico. 2.5 What remedies are available for a breach of the protections in relation to the quality and function of goods and services? Some examples follow: ICPEN: the International Consumer Protection and Enforcement Network (ICPEN) is a coalition of mostly government organisations that enforce fair consumer practices and share information and best practices with each other. 2020 Apple Inc. All rights reserved. For example, misleading and deceptive Conduct, unconscionable Conduct, etc. The FDA is seeking maximum civil penalties in pursuit of its expressed priority of clamping down on the manufacture and sale of illegal tobacco products. Please also note that the information in the System does not reflect anyother additional programs that may extend Apple's coverage, like those described on theExchange and Repair Extension Programs page. In an example of private enforcement of safety regulations, consumer plaintiffs filed suit against Procter & Gamble, alleging that various aerosol personal care products sold by the company were contaminated with benzene. Id. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. A typical FTC investigation may take more than a year, and often longer. In this area, the trend is toward non-enforcement. Apple Inc. All rights reserved. 3.7 Describe any voluntary or mandatory product safety recall regimes. Id. When a business is on notice that a product it has manufactured, distributed, or sold is hazardous, it may conduct a voluntary recall pursuant to the regulations promulgated by the CPSC. 2008). Apple reserves the right to change the method by which Apple may provide warranty service to you, and your Apple Products eligibility to receive a particular method of service. 8.3 Does an appeal suspend the effect of any penalty/the requirement to pay any fine (if applicable)? To date, these state data protection regimes exempt employee and business-to-business commercial information. 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. (iii) exchange the Apple Product for a refund of your purchase price. Ohio). Violations of FDA or USDA regulations may also result in criminal or civil penalties. For example, California Proposition 65 provides that [n]o person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual. For example, I have personally seen Apple return repaired Macs damaged by the repairs (i.e. Id. (ii) Mail-in service. Hopefully, you kept good records of your communications with Apple. Co., 523 F.3d 934, 938 (9th Cir. See if the local police and FBI list any criminal records in your name. Three examples follow. 227. Non-Apple branded or Beats-branded products may have the benefit of a manufacturer's warranty provided by the product manufacturer. Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. Apple will maintain and use customer information in accordance with the Apple Customer Privacy Policy available at www.apple.com/legal/warranty/privacy. 2022 Apple Inc. All rights reserved. The FDCA seeks to ensure the safety of food, drugs, medical devices and cosmetics. & Com. 4.7 List at least two examples of public or private enforcement of the protections relating to Conduct in the last five years, including the breach/alleged breach, result and penalties imposed. Apple does not warrant that the operation of the Apple Product will be uninterrupted or error-free. In re: Procter & Gamble Aerosol Products Marketing & Sales Practices Litigation, No. Contact Apple immediately if you believe your product has a problem. Before acquiring Apple software or hardware products, you may review the terms and conditions of Apple's end user software license agreements. Apple's Limited Warranty does not apply to products that are not Apple-branded or Beats-branded, even if packaged or sold with Apple products. For example, under the Uniform Commercial Code (UCC), which surprisingly is not a federal law but instead is a collection of laws universally adopted by states to regulate interstate commercial transactions, consumer means an individual who enters into a transaction primarily for personal, family, or household purposes. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. "Absolutely love the content!" In some cases, Congress directs the FTC to promulgate a specific Rule. The matter is prosecuted from this point forward by agency staff, with no further involvement of the Commissioners. See, [Hyperlink]. With the additional availability of common law claims, few if any consumer products or services escape safety protections. The Act applies to online marketplaces where third parties sell consumer products. 2.1 Please describe any protections regarding the quality and function of goods and services acquired by consumers. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road , Pathumwan, Pathumwan , Bangkok 10330 Thailand, 19F., No.1, Songzhi Rd., Xinyi Dist., Taipei City 110, Taiwan, No. ***Disclaimer: this article does not constitute legal advice nor does it create any attorney-client relationship between the reader and the author of this article or CultofMac or any of its affiliates. In fact, the Commission even reviews ALJ fact findings without deference. The Dodd-Frank Act applies to any person that engages in offering or providing a consumer financial product or service, as well as affiliates of such persons. You may be responsible for shipping and handling charges if the Apple Product cannot be serviced in the country it is in. A sales receipt with the receipt number, product description, original date of purchase, price, and reseller details constitutes a valid proof of purchase. 15 USC 45(c). vao].Vm}EA_lML/6~o,L|hYivQO"8E`S >f?o2 tfl%\* P8EQ|kt`bZTH6 sf? Service options, parts availability and response times may vary according to country. Code 17.45(4). If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. For example, the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) imposes a standard of strict liability on businesses, and contains an exemption for media entities that publish deceptive advertisements in good faith and without knowledge of the deception. The FTC encourages consumers to file a complaint whenever they have been the victim of fraud, identity theft, or other unfair or deceptive business practices. The California Consumer Privacy Act (CCPA) imposes a range of protective measures for consumers. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. To accomplish this, the Commission must show that the violator had actual knowledge that such act or practice is unfair or deceptive and is unlawful under Section 5(a)(1) of the FTC Act. 2015 Apple Inc. All rights reserved. Consumer organisations or other advocacy groups often also file complaints or petitions with the FTC. 19F., No.1, Songzhi Rd., Xinyi Dist., Taipei City 110, Taiwan. Apple will ship a replacement Apple Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Apple Product or part. Online marketplaces are broadly defined to include all consumer-directed platforms that (a) allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States, (b) are used by one or more third-party sellers for such purposes, and (c) have a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. For example, Rule 45 allows for subpoenas that can compel testimony, the production of documents, electronically stored information or other tangible items. If you purchased an AppleCare agreement, such as the AppleCare Protection Plan, and it does not appear in your results, you may need to register your AppleCare agreement. 2016) (citing Nken v. Holder, 556 U.S. 418, 425-26 (2009) (quotation omitted)). Plaintiffs alleged that consumers would not have purchased Procter & Gambles personal care products if they had known the products were exposing consumers to known carcinogens. Consumers can file complaints online at [Hyperlink] or by calling 1-877-FTC-HELP. Download the Apple Watch face Tim Cook uses, Ankers newest power bank is a steal right now, M1 iMac gets staggering $499 discount [Updated], The most confusing and misused emoji will melt your brain, Save on a pop-up cabin that attaches to your car, Simple security hack keeps your iCloud account safe from iPhone thieves, Top 20 items to boost your setup for less than $50 [Setups], Every display should have this iPhone MagSafe mount [Review], How to back up your iMessage history and save on storage space, This 6-in-1 cable can charge all your gear, hairline fractures in your MacBooks case, Ankers newest power bank is a steal right now [Deals], M1 iMac gets staggering $499 discount [Updated] [Deals], Save on a pop-up cabin that attaches to your car [Deals], This 6-in-1 cable can charge all your gear [Deals], You had your product personalized (i.e. McGill v. Citibank, N.A., 2 Cal. 'fj)xX]rj{^= ,0JW&Gm[?jAq|(_MiW7m}"])#g_Nl/7m_l5^C{>?qD~)mwaT9w18Grnu_2H#vV8f4ChcQ;B&[\iTOU!D LJhCMP09C+ppaU>7"=]d3@6TS k pttI"*i$wGR,4oKGEwK+MGD*S9V( si;wLMzY%(+r j?{XC{wl'*qS6Y{tw/krVo??AzsN&j&morwrn;}vhvy7o2 V2? 15 U.S.C. Hezi, et al. The FTC also has the power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation, also known as a Civil Investigative Demand (CID). 47 U.S.C. 1.5 Are there any specific bodies that regulate/enforce consumer protection law in specific sectors? 3.2 Please outline the substantive tests for these protections. Apples limited warranty is in addition to your existing consumerlaw rights. All goods and services sold to the American public for individual use are subject to state and federal laws which regulate their transparency, fitness for sale, and potential for fraud. You may be responsible for shipping and handling charges if the Apple Product cannot be serviced in the country it is in. 16 CFR 2.10. by presenting proof of purchase). 748448Z. 8.2 Can consumers or retailers/manufacturers appeal decisions made by the consumer authority/authorities or by a court? If you have questions about warranties on new or refurbished Apple hardware, just select a product below. Important: Do not attempt to open the Apple Product or remove any protective caps attached to the Apple Product. copied from: http://www.apple.com/uk/legal/statutory-warranty/ View in context View all replies Who is responsible through consumer law? Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights, Prolongacin Paseo de la Reforma #600, Suite 132, Colonia Pea Blanca, Santa F, Delegacin lvaro Obregn, Mxico D. F., CP 01210, Mexico. (Californias version of the FDCA, establishing parallel state regulation of the safety of food, drugs, medical devices and cosmetics); 16 Tex. Apple reserves the right to change the method by which Apple may provide warranty service to you, and your Apple Products eligibility to receive a particular method of service. 33, Le Duan Blv.,Ben Nghe Ward, District 1. % Clarkson Law Firm, P.C. The device purchased on June 2015 from Apple. zS Apple 1 year limited warranty1, AppleCare Protection Plan, and AppleCare+ benefits are in addition to rights provided by consumer law. 49. See, e.g., California Sherman Act, Cal. California's lemon law, for instance, requires dealers to reimburse any customer whose automobile fails to meet basic quality and safety standards within the first 18 months after the date of purchase. Id. Many such statutes, however, carve out specific exceptions. For example, under certain circumstances, the CPSC, FDA and USDA have authority to request (and in some cases, mandate) the removal of defective products from the marketplace. Civil Code. You may be asked to provide a copy of these if there is any question as to your product's eligibility for service coverage under the warranty or AppleCare service contract. 4.6 What remedies are available for a breach of the protections/prohibitions relating to Conduct? 5.4 What remedies are available for a breach of these protections?

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