Under state law, the definition of "consumer" may be limited to, for example, an "individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes" - see, e.g., Cal. In order to prove actual knowledge, the Commission typically shows that it provided the violator with a copy of the Commission determination about the act or practice in question, or a synopsis of that determination. 4.6 What remedies are available for a breach of the protections/prohibitions relating to Conduct? The content for this page did not load correctly. If you used Facebook in the United States between May 2007 and December 2022, you can apply to claim your share of a $725 million settlement that Facebook's parent company agreed . Daily round-ups or a weekly refresher, straight from Cult of Mac to your inbox. 5481(6). 2023 THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). Federal laws protect you. Hezi, et al. Id. State law substantive tests vary by jurisdiction. For example, California has three statutes prohibiting unfair or deceptive business practices: the CLRA, which streamlines class certification and provides for both legal and equitable relief, as well as the UCL and FAL, which limit available remedies to injunctive relief and restitution. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, APPLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT APPLE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. The Motor Vehicle Safety Act prescribe[s] motor vehicle safety standards. The CID does not require approval by the Commission as a whole; rather, at least one Commissioner signs off on the issuance of the CID. 2.6 Who has or which agencies have standing to initiate proceedings for a breach? 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. In court actions seeking injunctive relief, monetary damages, and/or penalties, often an appeal will suspend the defendants obligation to pay a penalty. Similarly, consumer products subject to FDA oversight may be recalled through either voluntary or mandatory processes. The federal Lanham Act also allows civil lawsuits for false advertising that misrepresents the nature, characteristics, qualities, or geographic origin of goods or services. 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. Enforcement by the FTC may be achieved through either administrative or judicial action, or both. 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. The parties reached an $8 million settlement to resolve the allegations, under which class members can receive a monetary payment based on the number of products they purchased. However, if you genuinely believe a problem does exist, do not let Apple summarily dismiss your concerns. If the estimated expiration date of your Telephone Technical Support, Limited Warranty, or AppleCare agreement for your serial number is incorrect, please contact us. Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. 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. In January 2023, Peloton agreed to pay a $19 million civil penalty to settle the CPSCs many charges against the company. www.apple.com/support/contact/phone_contacts.html, Rua:Leopoldo Couto Magalhes Jnior, n 700, 7 andar, So Paulo, SP, Brasil, 120 Bremner Blvd., suite 1600, Toronto ON M5J 0A8, Prolongacin Paseo de la Reforma 600, Suite 132, Pea Blanca Santa Fe, lvaro Obregn, Ciudad de Mxico, 01210, Mxico. See FTC Rules of Practice 3.52. Most states have adopted statutes that prohibit unfair or deceptive business and debt-collection practices. However, it is important to note that the state laws exist in addition to Federal laws and frequently provide consumers with further protections and benefits. Investigations may be triggered in various ways through consumer complaints, information provided by an internal whistleblower, press articles, Congressional referrals, social media posts, or the initiative of a Commission employee. 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. Apple 1 year limited warranty1, AppleCare Protection Plan, and AppleCare+ benefits are in addition to rights provided by consumer law. 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. See id. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road, Pathumwan, Pathumwan, Bangkok 10330 Thailand. 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. Lauren E. Anderson 19F., No.1, Songzhi Rd., Xinyi Dist., Taipei City 110, Taiwan. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. (relating to meat inspection and safety). The Federal government oversees antitrust law and consumer protection through the Federal Trade Commission which inspects complaints of scams and fraud against businesses. 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. 16 CFR 1115.21(a)(b). Once service is complete, the ARS or AASP location will return the Apple Product to you. 9.1 What are the recent enforcement trends in your jurisdiction? 2022 Apple Inc. All rights reserved. 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. 2 Year warranty for your new Mac, iPad, iPhone, Apple Watch, HomePod & AirPods*. The FDA promulgates Current Good Manufacturing Practice (CGMP) regulations for the quality of drug products. In addition, the USDA regulates certain agricultural products. Illinois BIPA also provides a private right of action. Service will be limited to the options available in the country where service is requested. 1 Infinite Loop; Cupertino, CA 95014, U.S.A. 5 Petrovka Street, Berlin House Business Center, 107031, Moscow, Russian Federation, Rua:Leopoldo Couto Magalhes Jnior, n 700, 7 e 8 andares, So Paulo, SP, Brasil, 7495 Birchmount Rd. For example, when a defective product regulated by the FDA has entered the marketplace, the agency can issue a recall. In March 2022, the FTC reached a $1.5 million settlement with WW International, Inc. (formally known as Weight Watchers) (WW International) and Kurbo Inc. (Kurbo) a subsidiary. Contact Apple immediately if you believe your product has a problem. 4.4 Are there any exceptions/exemptions to the protections/prohibitions relating to Conduct? 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. We generally covered phones for up to two years and macs for up to three years. Rptr. 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). In December 2022, Arizona Proposition 209, which significantly increases exemptions for medical debt, went into effect. 2, Ngo Duc Ke Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam. Replace It If A Problem Develops Within Fourteen Days Of Purchase. by presenting proof of purchase). In an example of successful private enforcement, as of early 2023, consumers are in the final approval process for a $7.8 million settlement resolving claims that Celsius beverage company falsely advertised their popular drink products as having no preservatives, despite the presence of citric acid, an alleged preservative. 3.6 Are there mandatory reporting requirements with respect to the safety of goods or services? Consumer Protection > If the FTC is seeking civil penalties, it must work with the DOJ or another federal agency with direct authority to litigate civil penalties in federal court, such as the CFPB. The California Consumer Privacy Act (CCPA) imposes a range of protective measures for consumers. There are three elements generally required to establish standing: The plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016). Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and. The entities governed vary by statute. Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with 11 offices across the country. 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. Once you are notified that service is complete, you will promptly retrieve the Apple Product from the Apple Retail or AASP location, or the Apple Product will be sent directly to your location from the ARS location. Cal. A replacement part or Apple Product, including a user-installable part that has been installed in accordance with instructions provided by Apple, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. Hopefully, you kept good records of your communications with Apple. 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. copied from: http://www.apple.com/uk/legal/statutory-warranty/ View in context View all replies Who is responsible through consumer law? 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. Consumer organisations or other advocacy groups often also file complaints or petitions with the FTC. Good luck. Following warranty service your Apple Product or a replacement device will be returned to you as your Apple Product was configured when originally purchased, subject to applicable updates. As mentioned above, your state laws may afford you additional protections (i.e. 5.2 Please outline the substantive tests for the above-mentioned protections/prohibitions. If you shop at a vendor other than Apple, you are stuck with whatever their return policy is. Take photographs of your product before handing it over. See Prescott et al. The FTC Act does not apply to banks, savings and loan institutions, federal credit unions, common carriers, or non-profit entities, among others. You will need to send theoriginal sales receipt of your product to Apple so that we can update your purchase date. Apple conducts business ethically, honestly, and in full compliance with the law. Clarkson Law Firm, P.C. 45(a)(2). In re: Procter & Gamble Aerosol Products Marketing & Sales Practices Litigation, No. An application for stay must state the reasons a stay is warranted and the facts relied upon, and must include supporting affidavits or other sworn statements, and a copy of the relevant portions of the record. 73 P.S. If you wait to report the problem (perhaps more than 24 hours) having photos demonstrating a pristine Mac will help your case immensely. for Apple products and services. 15 USC 45(c). Beware: Apples return policy states that Apple will assess a ten percent restocking fee. 3.5 What remedies are available for a breach of the protections in relation to the safety of goods and services? 4.5 Are there any specific rules which apply in relation to online marketplaces? Remedies include product recalls or seizures and civil or criminal penalties. The case then proceeds from that point along the same path as cases originally filed in the district courts. 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. The payment of penalties will generally be stayed on appeal automatically. 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. 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. 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. Remedies available under the CLRA are wide-ranging, and include monetary damages, punitive damages, restitution, and injunction, as well as attorneys fees. The scope of Colorados law is substantially the same as Virginias except it only applies to data controllers, not data processors (although it defines data controllers more broadly). For breaches of warranty under the UCC or common law, the injured party may bring a civil action to seek damages or injunctive relief.