“Apple Sales New Zealand has been issued a warning by the country’s Commerce Commission (ComCom), with the watchdog concerned the iPhone-maker may have misled consumers about their rights,” Asha McLean reports for ZDNet. “ComCom alleges Apple is ‘likely’ in breach of the Consumer Guarantees Act (CGA), in particular regarding replacement products.”
“According to Commissioner Anna Rawlings, Apple ‘misled’ some customers into believing their products were only covered by consumer law for two years, even though the guarantees in the CGA do not expire after a legally prescribed period of time,” McLean reports. “‘They apply for a reasonable period. What is reasonable depends on the nature of the goods, any statements made about the goods, and how the consumer, in fact, uses the goods,’ Rawlings explained. ‘Although businesses may form a view about how long a product should generally last, they must assess each reported fault on its own merits. They should not base decisions solely on how long a consumer has owned a product. The reasonable lifespan of a product will depend very much on what the product is.'”
McLean reports, “The Silicon Valley giant has also been asked to address conflicting information on its website regarding spare parts and repairs, and to cease misleading consumers that their Apple products are being replaced with new products when they are instead supplied with re-manufactured ones.”
Read more in the full article here.
MacDailyNews Take: Goods have to “last for a reasonable time” seems ill-defined and nebulous enough to guarantee litigation.
Only one thing here is guaranteed: Lawyers write hazy legislation that benefits lawyers.