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). Keep a record of all communications with Apple. Additionally, the Commission may obtain civil penalties and consumer redress for violation of the FTC Rules. You will be responsible for reinstalling all other software programs, data and information. Not all AppleCare plans are available in all countries or regions. by presenting proof of purchase). Civil Code 1798.150(a)(1). For details click here. Depending on when or whether you registered your product, if you purchased it from an Apple authorized reseller or AppleStore, the estimated purchase date may be incorrect. Our daily roundup of Apple news, reviews and how-tos. The CPSC enforces federal laws intended to protect the public from hazardous consumer products. 8.2 Can consumers or retailers/manufacturers appeal decisions made by the consumer authority/authorities or by a court? Perhaps the best-known examples of state consumer protection statutes are Californias Consumers Legal Remedies Act (CLRA) and New Yorks General Business Law (GBL). 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. Important: The Apple One-Year Limited Warranty terms and conditions shall not apply to consumer law claims. Apple Inc. All rights reserved. As mentioned above, your state laws may afford you additional protections (i.e. Id. Id. Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. In deciding whether to stay an order awarding injunctive relief pending appeal, federal courts engage in a similar exercise as the Commission in an administrative appeal, balancing four factors: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. LabMD, Inc. v. FTC, 678 F. Appx 819 (11th Cir. 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. Please see your product box and literature for details. 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. 7.5 Describe the relevant rules and procedures that must be followed by such bodies (e.g., administrative, judicial). These organisations include the FTC and government offices from other countries, such as Germany, Ireland, Italy, Japan and Mexico. Utahs Consumer Privacy Act takes effect on December 31, 2023. Important: Do not attempt to open the Apple Product or remove any protective caps attached to the Apple Product. Despite the grave safety risk, Peloton was slow to report and slow to recall. Individual consumers may also bring state common law claims, such as for negligence, fraud, or product liability. 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 For breaches of warranty under the UCC or common law, the injured party may bring a civil action to seek damages or injunctive relief. 2-315. 7.4 Where regulators/enforcement bodies have a choice of enforcement tools/powers, what considerations do they take into account in determining which tools/powers to use? All you need to know is that Apple must fix your products problem. -- Harshita Arora. If you damaged your product, then be more careful next time. Apple has a fourteen-calendar day return policy. Opening the Apple Product or removing protective caps may cause damage that is not covered by this Warranty. In limited cases, including certain merger cases, an appeal from the ALJs initial decision is automatic. UCC 1-201. 4.2 Please outline the substantive tests for the above-mentioned protections/prohibitions. 2020 Apple Inc. All rights reserved. 2015 Apple Inc. All rights reserved. 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. While the rulemaking process takes many years, the results seek to provide meaningful guidance for businesses and robust protection for consumers. The standard conditions being 1. it's not the fault of the user like accidental damage, misuse, tampering 2. the device was originally sold in Australia and not a grey import like . Clarkson Law Firm, P.C. 1.2 What is the definition of consumer (i.e., who does consumer protection law protect)? Before acquiring Apple software or hardware products, you may review the terms and conditions of Apple's end user software license agreements. Instructions may be sent to you via email or in hard copy with the packaging material. In addition to the $1.5 million penalty, WW International and Kurbo must delete any data on children that was obtained illegally and destroy algorithms derived from that data. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. The US economy and tech sector could see long-term negative impact if Apple loses. Code 17.45(4). Ultimately, it is up to you to convince Apple that theres a problem. Payment of a price for goods or services is not always required for enforceability under state law. If you are quick to report the problem Apple will usually accept fault and repair the damage without question. The prosecution of a matter is conducted by the FTC complaint counsel which comprises staff from the relevant bureau or a regional office. Most states have adopted statutes that prohibit unfair or deceptive business and debt-collection practices. 2 spot . See 21 CFR 7.40 et seq. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. See FTC, Fashion Nova will Pay $4.2 Million as part of Settlement of FTC Allegations it Blocked Negative Reviews of Products (2022), [Hyperlink]; In addition to the $4.2 million settlement, Fashion Nova must post all customer reviews of products being sold and is prohibited from making misrepresentations regarding customer reviews or other endorsements. The AG emphasised its ongoing efforts to enforce Californias comprehensive consumer privacy law that allows consumers to tell businesses to stop selling their personal information to third parties. Under President Biden, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been increasingly active in their consumer protection efforts. Id. 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. See 21 USC 301 et seq. 2008). 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. 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. Procter & Gamble also agreed to buttress its health and safety practices by implementing material testing, finished product testing, and other measures to monitor for benzene contamination in the future. This Warranty is governed by and construed under the laws of the country in which the Apple Product purchase took place. 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. If staff recommend a complaint, the FTC can grant a period of time for the staff to negotiate a settlement. The laws also exempt entities that are subject to certain federal laws described above, such as HIPAA, the GLB Act and the FCRA. Tex. The result is that American consumers are protected from unsafe products, fraud, deceptive advertising, and unfair business practices through a mixture of national, state, and local governmental laws and the existence of many private rights of actions. Otherwise, consumers enforcing state law consumer protection claims may appeal through standard civil processes. Federal laws protect you. Under the UCC, if the seller makes any promise or provides a description or model relating to the goods, the goods must conform. 15 USC 45(c). Apple Inc. All rights reserved. Copyright 2023 Apple Inc. All rights reserved. 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. The court may also issue mandatory injunctions and such other and further equitable relief as is deemed appropriate. (iii) exchange the Apple Product for a refund of your purchase price. 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 . Our 2 year guarantee goes further than most and we include it free of charge with every new Mac, iPad, iPhone & Apple Watch, HomePod or AirPods purchased from iStore. Your Apple Product Develops Problems After Fourteen Days Since Purchase. No Apple reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road, Pathumwan, Pathumwan, Bangkok 10330 Thailand. Id. 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. 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. ICLG - Consumer Protection Laws and Regulations - Lauren E. Anderson Amy Klobuchar, D-Minn., and Chuck. (b) Service where Apple does not require return of the replaced Apple Product or part. 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. See 9 CFR 500.6. Only Apple or an AASP shouldperform service on this Apple Product. 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. The DOJ reached a plea deal with Kelloggs for $19.2 million, which if accepted, will amount to the largest-ever penalty resulting from a criminal conviction in a food safety case. If the FTC is seeking disgorgement or restitution and the case involves the violation of an FTC Rule, the FTC is entitled to this relief in federal district court directly. zS 5:20-cv-00102) (N.D. 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. See, [Hyperlink]. Describe the key steps in a typical investigation. Apple takes a cut of between 15% and 30% on digital purchases made through iPhone apps. ; Markham, Ontario, Canada; L3R 5G2 Canada, Bykdere Caddesi, No:199, Levent 199, Kat: 22 ve 23,34394ili, Mecidiyeky, stanbu, PO BOSX A2629, Sydney South, NSW 1235, Australia Tel: 133 622, 44th Floor, Room No. The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The guide is valuable to use with its overview of the recent developments of product liability systems particularly in countries from EUthe reference guide will be a useful part of our library collection.Borislav Boyanov, Partner - Borislav Boyanov & Co, Bulgaria, 2002-2023 Copyright: ICLG.com | Privacy policy | Cookie policy, Borislav Boyanov, Partner - Borislav Boyanov & Co, Bulgaria. Opening the Apple Product or removing protective caps maycause damage that is not covered by this Warranty. 2, Ngo Duc Ke Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam. By Jonathan Zschau 11:59 pm, October 2, 2009. xKGr) ]c .`;#JV~GfF"F6xfedmBF{-ym7i}g/b}hjnWow8Y"av4J?wm_5_/xq 1681(a)(c). A Commission order generally becomes final (i.e., binding on the respondent) 60 days after it is served, unless the order is stayed by the Commission or by a reviewing court. 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. (ii) Mail-in service. Consumers have the right to choose whether to claim service under the Apple One-Year Limited Warranty or under their consumer law rights. They play an important role in a reliable market. In this area, the trend is toward non-enforcement. Clarkson Law Firm, P.C. No. The FTC and state attorneys general are responsible for enforcing the INFORM Consumers Act. Just because you hand your product over to Apple for repair does not mean you will get it back in substantially the same condition as before. 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. Therefore, if you find yourself on a third or fourth repair attempt, you may wish to demand a full refund of the original purchase price because any equivalent replacement model might be worth far less than what you originally paid (i.e. Building 6, Block C, 88 Maji Road, China (Shanghai) Pilot Free Trade Zone, Shanghai 200131, China. If your Mac is still covered by its warranty, then Apple must fix your Macs problem. Benzene is a known carcinogen associated with leukemia and other cancers. Visit the Developer website Ethics and Compliance Apple conducts business ethically, honestly, and in full compliance with the law. Feb. 26, 2021). If you wait to report the problem (perhaps more than 24 hours) having photos demonstrating a pristine Mac will help your case immensely. Apple will update these Guidelines as necessary. 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. 3.3 What types of goods and services are covered by the protections relating to the safety of goods and services? 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. See id. For example, the FTC Act applies to persons, partnerships, or corporations, except banks, savings and loan institutions [], Federal credit unions [], common carriers [], and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act. Jay Inslee, a Democrat, signed the legislation into law Thursday. When an Apple Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Apple's property. The FTC is also evaluating how to best combat online dark patterns, which are designed to trick or manipulate consumers into taking actions they otherwise would not have taken , and auto-renewals, the growing practice of deception in connection with automatic subscription renewals. Bloomberg . When you purchase Apple hardware products, you will also receive coverage from the Apple Limited Warranty. Find legal information and resources Id. Depending on your income, you may qualify for pro bono (free) services. In FTC administrative enforcement actions, appeals from the ALJs initial decision to the full Commission are available to either FTCs complaint counsel or any respondent. A monorail train displaying Google signage moves past a billboard advertising Apple iPhone security during the 2019 Consumer Electronics Show (CES) in Las Vegas, Nevada, U.S., on Monday, Jan. 7, 2019. Learn more. [-~P?42r%gS(_: 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. 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$ The problem can be any manufacturing or design defect, provided the problem was not caused by user neglect or intentional misconduct. You can also obtain additional benefits by purchasing the optional AppleCare Protection Plan or AppleCare+. 16 CFR 1115.21(a)(b). In a federal district court, proceedings are governed by the Federal Rules of Civil Procedure, which allow parties to conduct discovery and gather evidence, from both parties and non-parties. Dave Maxfield is a consumer protection lawyer in Columbia, South Carolina. for Apple products and services. USA Chapter As a consumer within the United States, both state and Federal law govern your rights. The FTC also has the authority to promulgate Rules under the FTC Act that describe with more specificity particular acts or practices that are unfair or deceptive. R. Civ. Businesses can also file complaints with the FTC through these same channels. Before receiving warranty service, Apple or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Apple's procedures for obtaining warranty service. If it has been between fourteen and thirty days since you purchased your product, you should still try to demand brand new replacement in lieu of repair. Many state consumer laws have statutes of limitations between three and four years. You could even buy an equivalent model on the open market and pocket the leftovers. 2022 Apple Inc. All rights reserved. The CPSC recently brought claims against Peloton, a popular home exercise equipment company, for failing to immediately report a dangerous defect in its treadmills. The $2.25 million settlement re-distributed monies to aggrieved consumers and provided for removal of the challenged mineral-based claims. 49 USC 30101(1). 49. Pelotons treadmills were entrapping users under their rear rollers, leading to injuries such as broken bones, lacerations, abrasions, and friction burns, as well as the death of a six-year-old child. For example, under the CPSA, a manufacturer of a consumer product must immediately report to the CPSC if it obtains information which reasonably supports the conclusion that such product: (1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard []; (2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission; (3) contains a defect which could create a substantial product hazard []; or (4) creates unreasonable risk of serious injury or death. (i) Carry-in service. 4.4 Are there any exceptions/exemptions to the protections/prohibitions relating to Conduct? (Californias version of the FDCA, establishing parallel state regulation of the safety of food, drugs, medical devices and cosmetics); 16 Tex. Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights. Fed. APPLE AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE APPLE PRODUCT SERVICED. Keep your sales receipt and proof of coverage in a safe place The Federal government oversees antitrust law and consumer protection through the Federal Trade Commission which inspects complaints of scams and fraud against businesses. 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. However, this fee is routinely waived if you request it. The FTC Rules of Practice allow for the filing of amicus briefs in support of either side of the appeal, with leave of the Commission. Civ. 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. CGC-22-601380 (S.F.S.C.). JavaScript is required to view this content. vao].Vm}EA_lML/6~o,L|hYivQO"8E`S >f?o2 tfl%\* P8EQ|kt`bZTH6 sf? 4th 298, 319, 93 Cal. Cal. Apple Inc. All rights reserved. Exceptions are sometimes available and vary by law or regulation. Id. The case then proceeds from that point along the same path as cases originally filed in the district courts. If the FTC is seeking disgorgement or restitution in other matters, it would have to allege that the law violation was dishonest or fraudulent, and would first have to file an administrative action before being able to seek disgorgement or restitution. See FTC, International Cooperation Agreements, [Hyperlink]; . 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. If it finds that an advertisement violates its guidelines, it refers the matter to the FTC for enforcement. If the FTC elects to proceed in an administrative forum, the complaint is adjudicated before an ALJ in a trial-type proceeding conducted under the Commissions Rules of Practice. 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. See, e.g., 21 U.S.C. v. Bayer Healthcare Pharmaceuticals Inc. et al. See, e.g., Center for Tobacco Products v. 13 Vapor Co., LLC (FDA Docket No. Be prepared to argue a little if they do not waive it immediately. If US law enforcement succeeds in forcing Apple to break its own encryption, it would create a repeatable . In spite of Apples best efforts, some Apple products manifest chronic problems theyre lemons. What follows is a guide, which details some of your options should you get stuck with a lemon. Washington's new privacy law seeks to protect consumer location data, and restrict . Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. Apple Inc. won an appeals court ruling upholding its App Store's policies in an antitrust challenge brought by Epic Games Inc. Monday's ruling by the . 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. Violations of FDA or USDA regulations may also result in criminal or civil penalties.