Australian Consumer Watchdog Sues Apple Over iPad Marketing 193
Fluffeh writes "Australia's competition regulator will today take iconic technology giant Apple to court for advertising its new iPad tablet as featuring '4G' speeds — which are not supported on Australian telecommunications networks. One of the key features of the new iPad is support for 4G speeds, however, the 4G speeds which the new iPad supports will not be available in Australia, with Apple's technical specifications page only listing it as supporting the 700Mhz and 2100Mhz spectrum bands, neither of which are being used by Australian telcos to provide 4G services. The case may be a bit shaky, though, as Apple does state in the fine print: '4G LTE is supported only on AT&T and Verizon networks in the US; and on Bell, Rogers and Telus networks in Canada. Data plans sold separately. See your carrier for details.'"
Re:Silly (Score:5, Informative)
We do have 4G here in Australia, it's just on a band that the Apple iPad doesn't support.
Re:Silly (Score:5, Informative)
Re:Does fine print supercede large print? (Score:5, Informative)
The Australian courts have answered this many times: It does not. Fine print does not even trump customers logical expectations.
The only thing that may save Apple is that the boxes have quite a large sticker on the back that states that the 4G capability is not compatible with any Australian network. Assuming that Apple has not advertised 4G in any Australian-targeted advertising, they should be OK.
If they have, then fines and forced offers of refunds will be in their future.
Re:Does fine print supercede large print? (Score:3, Informative)
I thought that sticker was added by Telstra. You only see that if you buy the iPad directly from Telstra. Any other retailer and you won't have a clue.
Re:IMHO Apple is becoming a scummy advertiser (Score:2, Informative)
Nobody is "clinging" to analogue TV. Analogue TV is on track for shutdown in June, just as it always has been.
Re:IMHO Apple is becoming a scummy advertiser (Score:5, Informative)
This appears to be just the same: advertise 4G, and in the small print, point out that you will probably never get 4G. It's dishonest.
Moreover outright dishonesty is not an element the ACCC needs to prove. The claim need not even be false, it need only be misleading
The relevant provision in the new Australian Consumer Law which replaces the old s52 Trade Practices Act 1974 and which the legislature in its inimitable wisdom has chosen to bury in Schedule 2 to the Competition and Consumer Act 2010, reads:
18 (1). A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
Re:IMHO Apple is becoming a scummy advertiser (Score:4, Informative)
Typical bloody city dweller.
This luddite, like a lot of luddites in this country is clinging on to analog TV because we do not and will not have a digital broadcast in our area. We are going to have to go to satellite if we want to continue to receive free-to-air.
I am not sure why Telstra is responsible for the frequencies used to broadcast analog TV, but am happy to be enlightened.
As an aside I can't really claim to be clinging on to analog - I have a TV aerial I set up for the Australian Open or football championships, but otherwise I am happy streaming video via mobile, which works quite nicely thanks very much.
Re:IMHO Apple is becoming a scummy advertiser (Score:5, Informative)
http://www.worldtimezone.com/gsm.html [worldtimezone.com]
Oh look! It would appear that THE MAJORITY OF THE WORLD uses the 900/1800 GSM band.
Apple intentionally mislead consumers, and they were warned prior to the iPads release by the ACCC that what they were doing was in breach of advertising laws.
I've spoken to many CEO's (I work helpdesk for a private hospitals) who wanted to order the iPad and when I told them it wasn't 4G compatible in Australia they were all shocked to hear it. I would assume this is the same with many other consumers as well.
Re:IMHO Apple is becoming a scummy advertiser (Score:5, Informative)
which operates on a different spectrum than the 4G networks used everywhere else in the world
WTF are you talking about? The LTE ipad uses 700, 2100 MHz bands, and according to Wikipedia's 3GPP LTE page [wikipedia.org]:
The US & Canada are the only countries in the world with LTE networks fully compatable with the ipad.
US !=The rest of the world.
NZ watchdog receives complaint over iPad 4G (Score:3, Informative)
The Commerce Comission (equivalent of the ACCC in Oz, or the US FTC) in New Zealand is also considering the same action against Apple (and there are exactly zero 4G networks here)
Commerce Commission investigating Apple iPad 4G adverts after Complaint [stuff.co.nz]
Re:Who defines what "G" some thing is? (Score:5, Informative)
The ITU
Indeed. And according to the ITU, HSPA+ is "4G" and you can use the iPad 4G on Telstra's HSPA+ network, thus achieving a "4G" connection.
The problem stems from the fact that in Australia only Telstra's LTE network is advertised as "4G", and it is this network that the iPad is not compatible with. So, technically you can get a 4G connection on the new iPad, but Apple may be in trouble if it is determined that their advertising leads customers to believe that the device is compatible with the Telstra-advertised "4G" network.
Re:Silly (Score:5, Informative)
By the rest of the world do you mean "The USA" or by the rest of the world do you mean "The rest of the world" ?
Because in Europe, Australia, and Asia 1800 is the standard frequency, with 2600 and 800 being also considered.
In the USA it's 700 and 1700/1900.
Re:IMHO Apple is becoming a scummy advertiser (Score:5, Informative)
I guess the question would be... is it's Apple's responsibility to manage the wireless carriers infrastructure?
It is Apple's responsibility to manage their advertising, ensuring that when they advertise a device is 4G compatible, that is is compatible with whatever 4G means in the country they're advertising.
For instance, if a Swedish company was advertising a free slut with each car sold, and it turned out that all you got was the ability for the car to stop (slut means stop in swedish), you'd be.... disappointed wouldn't you? Well, this is the same thing. A company using a local definition in a foreign market to confuse the marketplace.
Apple also claims all iPads have WiFi but if you don't have WiFi at your house, should you sue Apple for false advertising?
This analogy is so fucking stupid that my brain has shrunk slightly upon reading it. How about this? If Apple claims a device has wifi, but it is not compatible with the local regulatory requirements for wifi, then yes, they will get sued.
Re:Just Works(tm)* (Score:2, Informative)
Your forgot to add that when it does not work, that it is a major feature.
Re:Does fine print supercede large print? (Score:5, Informative)
Read this page [apple.com] and then note the "au" in the URL, not also the prices in Austalian dollars. It is clearly targeted to Australia and it highlights 4G capability.
Re:Does fine print supercede large print? (Score:4, Informative)
The Danish watchdog is also preparing suit against Apple for the exact same - here in Denmark, the sticker definitely wont be enough.
Re:Who defines what "G" some thing is? (Score:4, Informative)
If I had a company that made the relevant toys, could I advertise them as "5G", or even "6G"?
Who decides what qualifies?
The ITU (International Telecommunications Union), but telco's have co-opted this to the point that the ITU has said, there will be no 5G.
The original ITU 4G specification was 100 Mbps fixed and 40 Mbps mobile, not even LTE can guarantee this, LTE Enhanced (Advanced, cant remember which) would have been the first but US telco's wanted to brand HSPA+ as 4G and the ITU capitulated.
BTW, Ipads and Iphone dont even support HSPA+
Re:IMHO Apple is becoming a scummy advertiser (Score:5, Informative)
Re:IMHO Apple is becoming a scummy advertiser (Score:2, Informative)