Apple 'Error 53' Sting Operation Caught Staff Misleading Customers, Court Documents Allege (theguardian.com) 141
AmiMoJo writes: "Australia's consumer watchdog carried out a sting operation against Apple which it says caught staff repeatedly misleading iPhone customers about their legal rights to a free repair or replacement after a so-called 'error 53' malfunction, court documents reveal," reports The Guardian. Error 53 refers to an error message that renders iPhones useless if third-party repairs are made. From the report: "The case, set to go to trial in mid-December, accuses Apple of wrongly telling customers they were not entitled to free replacements or repair if they had taken their devices to an unauthorized third-party repairer. That advice was allegedly given even where the repair -- a screen replacement, for example -- was not related to the fault. Apple has so far chosen to remain silent about the case brought by the Australian Competition and Consumer Commission (ACCC). But court documents obtained by Guardian Australia show the company has denied the ACCC's allegations, saying it did not mislead or cause any harm to its Australian customers. The documents also show how the ACCC used undercover methods to investigate Apple. Investigators, posing as iPhone customers, called all 13 Apple retailers across Australia in June last year. They told Apple staff their iPhone speakers had stopped working after screens were replaced by a third party. Apple's response was the same in each of the 13 calls, the ACCC alleges."
They're all the same (Score:2)
Error 53, order 66... in the end, you lose.
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Quite the contrary. I win!
And BTW I find your lack of faith disturbing.
How did that happen (Score:2)
We're handcuffed when it comes to phones. How did that happen. How did things become so sketchy and crooked with that specific segment of the tech industry. Why do we accept that.
Apple is a bunch of fuckers, no doubt about it, but this scam is probably somewhat similar with Android vendors.
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People keep buying them.
simple solution (Score:1)
Apple should offr the phones for two prices. Regular price, and at a $25 discount. With the discount you trade back your right to repair. It's a contract so it's legal. And it respects that apple does take on risks when fumble fingered "professionals" damage phones. Yet it's not a burden for people who care about the restriction will not be willing to pay.
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The Australian consumer Law cannot be signed away. Same in the EU. More than one company has tried this and it never, ever holds up.
Re: simple solution (Score:1)
The law states only that unrelated repairs are not invalidated.
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It respects what now?
Your first two sentences clearly state you gave up the right to repair from 3rd parties. And of course if their in house repair breaks something they fix it. That's how it's been. You can't get error 53 from Apple, that's the whole point of error 53.
Sigh.
Wrong.
The whole point of Error 53 is So someone can't take your phone (think "traffic stop"), swap the Home Button/Touch ID Sensor encoded with their fingerprint, and gain FULL ACCESS to your Phone.
It isn't about 3rd party repairs.
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Only thief who was even more stupid than you (quite the feat) would go to the trouble of swapping the sensor, and then instead of accessing all the juicy details, update and brick the phone.
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You must be retarded to think disabling the phone only after doing an ios update is in any way a security measure.
Only thief who was even more stupid than you (quite the feat) would go to the trouble of swapping the sensor, and then instead of accessing all the juicy details, update and brick the phone.
Well, I do stand corrected (but not by you).
Apparently, this was a mistake, and has been fixed by Apple since February, 2016.
https://techcrunch.com/2016/02... [techcrunch.com]
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It's a contract so it's legal.
There are plenty of reasons that a contract can not be enforceable or even legal.
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It's a contract so it's legal.
As a consequence of which it has to comply with all the legal stuff such as for example s64(1)(c) of the The Australian Consumer Law
64 (1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying:
...
(c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.
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Apple should offr the phones for two prices. Regular price, and at a $25 discount. With the discount you trade back your right to repair. It's a contract so it's legal. And it respects that apple does take on risks when fumble fingered "professionals" damage phones. Yet it's not a burden for people who care about the restriction will not be willing to pay.
you dumb fuck it doesn't make it legal because it's a "contract". what apple has done is said that the contract you make when buying an iphone already states that you lose support if you use 3rd party repairers. the 25 bucks change wouldn't change anything, not legally, not consumer protection perspective.
what your proposal would be, it would be just GIVING UP CONSUMER RIGHTS FOR A PETTY DISCOUNT - you can't do that! if it was possible to do that then your washing machine would have two prices, one that has
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this scam is probably somewhat similar with Android vendors.
The fuck are you talking about? There's no evidence of that at all.
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Well it *is* called a walled garden for a reason. You are either inside the wall or outside the wall. Tim Cook and company are always adding more mortar, barbed wire and bricks to the wall. Sadly there are more sheep than wolves in the Apple camp.
This isn't much different than the current printer ink cartridge sue-fest. Each company wants to make sure you only purchase from them.. and you always re-supply/fix from them. It is a guaranteed revenue stream that makes the shareholders sing with glee.
Peace.
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We're handcuffed when it comes to phones.
You should work on speaking from the 1st person and owning your statements. Nobody forced you to try to speak for me.
How did that happen.
You sold your soul to Brandybrand(TM)
Why do we accept that.
You accept it because you're an idiot.
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I just replaced the battery in my 6, and it works fine. What triggers this?
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I just replaced the battery in my 6, and it works fine. What triggers this?
Error 53 is invoked by Replacing the Display Assembly, but failing to TRANSFER the ORIGINAL Home Button/Touch ID Sensor (which is PAIRED with the SystemOn[a]Chip soldered to YOUR iP6's logic board) to the NEW Display Assembly, then Booting the Unit.
It's an anti-theft/anti-confiscation measure, not an anti-repair gotcha. C
(Rolls eyes)
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they reversed already
besides, it could just revert back to asking the code onscreen. or letting you reset the device.
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It doesn't stop there! Farmers are being hit the same way by John Deer and other manufactures of farm and similar equipment. Manufactures are denying farmers the right to repair their tractors. The poor farmer has to pay exorbitant repair costs because it has been deemed illegal for them to repair their own equipment.
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Manufactures are denying farmers the right to repair their tractors.
There is a movement to change that, but alas, they have been repeatedly out lobbied and out donationed by the manufacturers. The farmers are too diffuse and disorganized to be an effective special interest group.
Re: How did that happen (Score:2)
The poor farmer that has a multi-million dollar model? The John Deere you buy sub-100k doesn't have those issues, it's the factory-on-wheels and they have a shit ton more moving parts and electronics than even a high end car and you can still repair them with after market parts, as long as you get a competent technician, you just can't expect Deere to continue supporting the system.
The outrage is that third party repairs void warranty and support contracts, if you've ever fixed your family's computer, you c
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Every company sometimes ships things that don't work. It's just too bad that the Apple stores try to give you a refurbished product as a replacement when you bought new.
I hate that too; but everyone does it, especially with mobile devices.
The truth is, even with a very low failure rate, the sheer numbers of cellphones means that there is a pretty damn long queue for repairs. So, if someone wanted THEIR phone back, not only would it become a tracking nightmare during the repair process; but the owner would be LIVID by the time, MONTHS LATER, when they actually got THEIR original device back!
I know the actual repair doesn't take that long; but it takes that long to get throu
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If the queue is long, the solution is for Apple to scale up the repair operation. Hire more technicians, have more repair functions going on concurrently.
That costs money, but they're charging money for services, so they should be spending it to deliver services.
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If the queue is long, the solution is for Apple to scale up the repair operation. Hire more technicians, have more repair functions going on concurrently.
That costs money, but they're charging money for services, so they should be spending it to deliver services.
You can only scale things so far.
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Re: I've owned seven PowerBooks or MacBooks... (Score:1)
10 out of 10 stars. Gave me problems for years. Great product! Have already bought another one.
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Paid by the word by Apple. Or just a volunteer evangelist.
It's almost like Scientology for some of the truest believers.
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Amazing.
Another Apple horror story, another AC.
What a coincidence!
NOT.
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Amazing.
Another Apple horror story, yet another AC.
What a coincidence!
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Amazing.
Another Apple horror story, another AC.
What a coincidence!
You must think WE'RE retarded.
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All the pretty little AC postings, all in a row.
Amazing.
Another Apple horror story, another AC.
What a coincidence!
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and four of them had problems out of the box. Three either had keys that didn't work or keycaps that weren't attached to the scissors (I think that's the right word). The fourth simply wouldn't boot. In every case, the Apple Store at first refused to replace the laptop. They claimed they could only send them back for depot repairs. The first time was a 17" PowerBook that I think was $3,300 in December 2003. I let them send it back for repairs, and it was fourteen weeks before I got it back. After that experience, I argued like hell and threatened chargebacks. It's amazing how Apple typically make such high quality stuff, but their customer service is just garbage.
Of course. That's why they keep being at the top of independent customer satisfaction surveys, year after year.
You can say a lot of things about Apple; but "bad customer service" ain't one of them.
You're a fucking liar and an Anonymous Coward to boot.
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You are just as anonymous. Unless you'd care to post your email address. And then you're just as anonymous behind said email address.
But you're angry at this whole fever swamp of bullshit, aren't you? They are picking on your fav company.
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Amazing.
Another Apple horror story, another AC.
What a coincidence!
Who's "We"? You and all your doppelgänger ACs?
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The ACs have gotten bad in the past week or so. One almost has to wonder if 4chan just recently discovered Slashdot.
They're ALWAYS bad; and they are a cancer upon Slashdot.
Seriously, like two dozen nearly-identical AC posts IN A ROW?!?
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Where the heck do you get that? Silicon Pirate Valley is sitting on $2 Trillion in offshore accounts.
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The Pirates of Silicon Valley was a great movie, but I think it only grossed $27.
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Compared to Wall Street sitting on a couple hundred trillion in bullshit derivatives?
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There's a law in the US that should cover Error 53 too. They just don't have anything to lose by waiting for a class action lawsuit, settling, and admitting no wrongdoing in the process.
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Here it protects the consumers.
Still a pain to claim and the ACCC is kinda weak, laws are good but for apple the punishments are a slap on the wrist.
For further entertainment. Youtube: "the checkout apple" or "the checkout australian consumer law"
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Even if their repair shop rates are clearly posted [graphics20.com]?
Another Lie about Error 53 (Score:2, Informative)
Yet another breathless article about iOS's "Error 53".
Yet another bald-faced LIE about it's meaning.
"Error 53" happens when a STUPID PERSON replaces the Display Assembly in an iPhone/iPad with Touch ID, BUT FAILS TO DO ONE OF THE FOLLOWING:
1. TRANSFER the ORIGINAL Home Button/Touch ID Sensor from the ORIGINAL Display assembly to the NEW Display Assembly. There are many tutorials available on HOW to do this, as well as the IMPORTANCE of doing so.
2. Take their iOS Device to the Apple Store, where they can det
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That required step is well and truly "anti-third-party-repair".
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That required step is well and truly "anti-third-party-repair".
If taken out of context, like you have.
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We went through this shit with cars a few years ago. The product is supposed to be owned not leased and the owner should be able to do anything legal they want to with the thing they own - including taking it to whatever mechanic or technician they want to.
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1. TRANSFER the ORIGINAL Home Button/Touch ID Sensor from the ORIGINAL Display assembly to the NEW Display Assembly. There are many tutorials available on HOW to do this, as well as the IMPORTANCE of doing so.
So is that documented in the 'third-party repair' support documents that Apple publishes? Do they even publish any guidance to third-party repair operations? Or do they stonewall about everything and refuse to acknowledge that any third-party repair should be allowed?
It simply isn't enough to force third-party repair technicians to rely on YouTube videos about repair issues.
Slashdot is a nerd site, where we're the people who the first thing we do with new tech is take it apart to figure it out. You're no
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1. TRANSFER the ORIGINAL Home Button/Touch ID Sensor from the ORIGINAL Display assembly to the NEW Display Assembly. There are many tutorials available on HOW to do this, as well as the IMPORTANCE of doing so.
So is that documented in the 'third-party repair' support documents that Apple publishes? Do they even publish any guidance to third-party repair operations? Or do they stonewall about everything and refuse to acknowledge that any third-party repair should be allowed?
It simply isn't enough to force third-party repair technicians to rely on YouTube videos about repair issues.
Slashdot is a nerd site, where we're the people who the first thing we do with new tech is take it apart to figure it out. You're not going to get away with expecting us to pray at the altar of the Company Store.
Show me one cellphone mfg. that publishers full repair manuals for 3rd parties (individuals) and offers OEM parts to same.
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You do realize that error 53 doesn't pop up until a software update after the repair, right? How does soft-bricking the phone with error 53 that stop someone from swapping the home button and gaining access?
It doesn't.
The new home button not being paired and, thereby, only functioning as a button and not a fingerprint scanner is what prevents a button swap from bypassing the security of
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We go back and forth between agreeing and disagreeing with each other, so I hope I can get your attention with this.
You do realize that error 53 doesn't pop up until a software update after the repair, right? How does soft-bricking the phone with error 53 that stop someone from swapping the home button and gaining access?
It doesn't.
The new home button not being paired and, thereby, only functioning as a button and not a fingerprint scanner is what prevents a button swap from bypassing the security of the device. In fact, since you would have to unlock the phone to access the settings menu in the first place, there's little reason they can't give end users a "pair home button" option in system settings.
I thought that error 53 happened upon Restart. Are you sure about that?
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Only thief who was even more stupid than you (quite the feat) would go to the trouble of swapping the sensor, and then instead of accessing all the juicy details, update and brick the phone.
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If only you had read TFA, you wouldn't look like an idiot now.
Take their iOS Device to the Apple Store, where they can determine whether you are likely the ACTUAL OWNER of the iPhone, and will "Pair" the NEW Home Button/Touch ID to the Device.
That's what they tried to do. And the staff told them that they had to pay, when it was supposed to be free. That's the problem here.
Nice try Tim.
Not completely wrong (Score:1)
they were not entitled to free replacements or repair if they had taken their devices to an unauthorized third-party repairer
Well, yeah. "Warranty void if opened" is pretty much standard on any electronics I've ever known except for actual computers. If someone brings their phone to some bozo like me and I screw it up, why should Apple have to clean up after me for free? ( Suppose i
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The point is that 'warranty void if opened' isn't actually something they can enforce under Australian consumer law.
I partially agree with your third point, if and only if the communication was that the speakers stopped working when the phone was repaired rather that at some later time. Even in the former case, unless the speaker issue was actually caused by the third party repair, then it should still be covered under warranty. Having said that, I suspect (but IANAL) that Apple could charge a (reasonable -
That's not misleading, that's lying (Score:2)
Telling a customer that the iPhone is faster than Android phones - which is true for some tests for some configurations - is "misleading" them.
Telling them that a repair isn't covered under warranty when it is, is lying. Which in this case makes it fraud.
car manufacturers can't do this so why should appl (Score:2)
car manufacturers can't do this so why should apple?
Ford can't say you went to jiffy lube for oil change so your warranty on the transmission is voided or you put an 3rd party radio in so your engine warranty is voided
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It's probably not true anymore, but there was a period in time when the 'Engine computer' on certain models of car was embedded in the Radio. Swap out the radio?