Aussie Govt To Take Apple To Court

  • No 4G for iPad 3 a problem
  • ACCC wants Apple to advertise lack of 4G compatibility
  • ACCC asking for refunds

The Australian Competition and Consumer Commission will be making an application to the Federal Court in Melbourne on Wednesday March 28th for orders against Apple Pty Limited and Apple Inc (Apple) for alleged contraventions of the Australian Consumer Law .

The ACCC alleges that Apple's recent promotion of the new "iPad with WiFi + 4G" is misleading because it represents to Australian consumers that the product "iPad with WiFi + 4G" can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case due to the unit not being able use 4G because the 4G spectrum in Australia is different from that for which the iPad 3 is geared to use.

The ACCC alleges that Apple's conduct contravenes sections 18, 29(1)(a), 29(1)(g) and 33 of the ACL.

The ACCC is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device.

Additionally the ACCC is seeking final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.

Consumers who have purchased or are considering purchasing an "iPad with WiFi + 4G" should ensure that they have a proper understanding of the mobile data networks which this iPad can directly access by a SIM card.

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