The ACCC alleged promotion of the new iPad in Australia as being “Wifi + 4G compatible” is misleading, because it suggests the product can connect to 4G mobile data networks in Australia, when this isn’t the case
As a result of the Federal Court application, Apple has provided a range of undertakings about the 4G claims. These include:
- Displaying a statement on promotional materials, its website and online store, saying: “This product supports very fast cellular networks. It is not compatible with current Australian 4G LTE networks and WiMAX Networks.”
- Distributing signage with the same wording to resellers to be displayed at points of sale; and
- Contacting via email any customers it has an address for as well as those customers who’ve bought the new iPad between 16 March and 28 March 2012 (including pre-orders prior to 16 March).
- The emails will include statements to the effect that: “This product supports very fast cellular networks. It is not compatible with current Australian 4G LTE networks and WiMAX Networks”, adding people are entitled to return the product and request a refund within a timeframe specified in the email.
A trial has been set for 2 May, with a hearing to commence on 16 April.