or Connect
AppleInsider › Forums › General › Genius Bar › Australian judge approves $2.3M fine against Apple for 4G iPad marketing
New Posts  All Forums:Forum Nav:

Australian judge approves $2.3M fine against Apple for 4G iPad marketing

post #1 of 45
Thread Starter 
An Australian judge has approved an A$2.25 million fine for advertising claims Apple made about 4G compatibility for the third-generation iPad.

Apple and the Australian Competition and Consumer Commission reached a settlement earlier this month and had been awaiting court approval. Federal Court Justice Mordy Bromberg approved the fine, which amounts to US$2.29 million, on Thursday, the Associated Press reports.

The ACCC had taken issue with Apple's promotional materials for the launch of the third-generation iPad in Australia in March. The watchdog argued that advertisements for the 4G version of the device misled customers into thinking that it would work on Long Term Evolution networks in Australia.

Though Apple initially defended its actions, it eventually caved and rebranded the device. Last month, Apple began calling its 4G-capable tablet the "iPad Wi-Fi + Cellular," dropping the 4G claim from the product name. Apple now asserts that the device "supports very fast cellular networks," while warning consumers that it will not work with Australian 4G LTE networks.

Cellular


Owing to its time zone, Australia was the first country to sell the iPad when it hit the market on March 16. The device became an immediate hit and was in short supply for weeks after the launch.
post #2 of 45
Quote:
Originally Posted by AppleInsider View Post

The device became an immediate hit and was in short supply for weeks after the launch.

Wonder how many were returned.

In before, "But that's not the point!"

I know.
post #3 of 45

We finally got stock again last week.

 

The labels on the boxes has changed, the 4G bit has gone.

 

It probably to a while for the court case to redefine the repackaging requirements.

 

Yay the drought is over we are back to selling lots of them again.

 

I should complain to the ACCC about the loss of commission which is a hell of a lot more than what an iPad purchaser lost over this.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #4 of 45
Lots of legal cases seem to be coming to a head this week against Apple.


PS: This is where iSheldon claims that I said Apple would never, ever, ever lose a case.

Quote:
Originally Posted by hill60 View Post

We finally got stock again last week.

Do you sell other tablets besides the iPad? If so, how they selling?

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply
post #5 of 45
2.3 milion really???? Apple offered a full refund!
Idiot judge. Australia is LUCKY to even have iPads and they fine Apple? Ridiculous.
post #6 of 45
Quote:
Originally Posted by SolipsismX View Post

PS: This is where iSheldon claims that I said Apple would never, ever, ever lose a case.


So now your obsessed with me because I caught your bluff in the last thread?
Yikes!
post #7 of 45
Quote:
Originally Posted by iSheldon View Post

So now your obsessed with me because I caught your bluff in the last thread?
Yikes!
Please learn what words mean:

bluff |bləf|
noun
An attempt to deceive someone into believing that one can or will do something

You claimed I said something I didn't say and despite being asked for proof from several posters (and shown the idiocy of your comment) you've failed to provide any proof.

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply
post #8 of 45
Quote:
Originally Posted by SolipsismX View Post

Do you sell other tablets besides the iPad? If so, how they selling?

Comprehend "search engine" much?
post #9 of 45
Quote:
Originally Posted by tundraBuggy View Post

2.3 milion really???? Apple offered a full refund!
Idiot judge. Australia is LUCKY to even have iPads and they fine Apple? Ridiculous.

Sorry..I agree with the judge.  I love Apple, but they had no business labeling a product as being 4G capable when it wasn't.    Apple's arrogance sometimes gets the better of them.   Cases like this will tap the brakes a little - make them think a little harder before doing another marketing campaign or product labeling like that.    There are plenty of people who think they shouldn't be pushing Siri the way that they are in U.S. TV ads because Siri really doesn't usually work as it does in the ads either.    

 

And your comment that "Australia is LUCKY to even have iPads...." is very condescending.     

post #10 of 45
Quote:
Originally Posted by SolipsismX View Post

Please learn what words mean:
bluff |bləf|
noun
An attempt to deceive someone into believing that one can or will do something
You claimed I said something I didn't say and despite being asked for proof from several posters (and shown the idiocy of your comment) you've failed to provide any proof.

So now "one" means "several" and yet I have a comprehension problem?
Rich- Keep posting!
post #11 of 45
Quote:
Originally Posted by tundraBuggy View Post

2.3 milion really???? Apple offered a full refund!
Idiot judge. Australia is LUCKY to even have iPads and they fine Apple? Ridiculous.

I doubt that's what these penalties are for. Besides the revenue earning aspect of fines I assume it's prevent any obscure (read: universal) marketing from being used in the future.
Edited by SolipsismX - 6/20/12 at 9:09pm

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply
post #12 of 45
Quote:
Originally Posted by iSheldon View Post


Comprehend "search engine" much?

 

<facepalm>. Piece of advice: in sarcasm, enthusiasm is not the same thing as skill. Go read SolipsismX's post, then read your reply. If you're not embarrassed by your post, you're failing a very important IQ test

post #13 of 45
Quote:
Originally Posted by Ronbo View Post

. Piece of advice: in sarcasm, enthusiasm is not the same thing as skill. Go read SolipsismX's post, then read your reply. If you're not embarrassed by your post, you're failing a very important IQ test

You should be embarrassed by your location.
post #14 of 45
Quote:
Originally Posted by Tallest Skil View Post


Wonder how many were returned.
In before, "But that's not the point!"
I know.

 

I wonder how many folks were really confused by the statement "LTE only works in North America"

 

"but that's not the point"

 

Apple isn't likely to fight this even though the real issue is that some folks were too lazy to read and/or carriers to lazy to train their sales staff correctly (a problem the US has with all three carriers). they make this much money in the time it takes Tim Cook to drive to work. It's almost a joke that the fine is this low but at least the Australian Government can say they did something to 'the big bad lying Apple' so all will be happy

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply
post #15 of 45
Quote:
Originally Posted by SolipsismX View Post

Lots of legal cases seem to be coming to a head this week against Apple.
PS: This is where iSheldon claims that I said Apple would never, ever, ever lose a case.
Do you sell other tablets besides the iPad? If so, how they selling?

 

Quote:
Originally Posted by iSheldon View Post


So now your obsessed with me because I caught your bluff in the last thread?
Yikes!

 

Quote:
Originally Posted by SolipsismX View Post


Please learn what words mean:
bluff |bləf|
noun
An attempt to deceive someone into believing that one can or will do something
You claimed I said something I didn't say and despite being asked for proof from several posters (and shown the idiocy of your comment) you've failed to provide any proof.

 

Quote:
Originally Posted by iSheldon View Post


Comprehend "search engine" much?

 

Quote:
Originally Posted by iSheldon View Post


So now "one" means "several" and yet I have a comprehension problem?
Rich- Keep posting!

 

 

Quote:
Originally Posted by SolipsismX View Post


Please learn what words mean:
bluff |bləf|
noun
An attempt to deceive someone into believing that one can or will do something
You claimed I said something I didn't say and despite being asked for proof from several posters (and shown the idiocy of your comment) you've failed to provide any proof.

 

I think the two of you have sufficiently proven you have really tiny ones so how about you put them back in your pants and stop embarrassing yourselves. Or at least get a room so the real of us can avoid this train wreck

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply
post #16 of 45
Quote:
Originally Posted by SolipsismX View Post

Do you sell other tablets besides the iPad? If so, how they selling?

Galaxy Tab 10.1's, very slowly, stopped stocking them months ago.

 

Playbook total fail.

 

Sell a few Notes, the 'phablets"

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #17 of 45
Quote:
Originally Posted by zoetmb View Post

Sorry..I agree with the judge.  I love Apple, but they had no business labeling a product as being 4G capable when it wasn't.   

 

Actually it is, if you take it somewhere with "4G" it WILL work.

 

The 4G components haven't been removed, it still has 4G chips.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #18 of 45

Like it or not, Apple learned a valuable lesson from this fine: when you put back the sofa cushions, the zippers should face the rear.

post #19 of 45
Quote:
Originally Posted by hill60 View Post

Galaxy Tab 10.1's, very slowly, stopped stocking them months ago.

Playbook total fail.

Sell a few Notes, the 'phablets"
Any interest being shown in the Surface? I'm quite fond of what I've seen of the HW and Win8 RT. Not at all fond with any of the execution shown so far but that's a different matter.

Quote:
Originally Posted by nagromme View Post

Like it or not, Apple learned a valuable lesson from this fine: when you put back the sofa cushions, the zippers should face the rear.
LOL You've been extra funny as of late.

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply

This bot has been removed from circulation due to a malfunctioning morality chip.

Reply
post #20 of 45
Quote:
Originally Posted by hill60 View Post

We finally got stock again last week.

 

The labels on the boxes has changed, the 4G bit has gone.

 

It probably to a while for the court case to redefine the repackaging requirements.

 

Yay the drought is over we are back to selling lots of them again.

 

I should complain to the ACCC about the loss of commission which is a hell of a lot more than what an iPad purchaser lost over this.

How has this stopped the supply of your stock? If you say it has then you are clearly lying.


Edited by fredaroony - 6/20/12 at 9:05pm
post #21 of 45
Quote:
Originally Posted by tundraBuggy View Post

2.3 milion really???? Apple offered a full refund!
Idiot judge. Australia is LUCKY to even have iPads and they fine Apple? Ridiculous.

Why is Australia lucky to have iPads?

post #22 of 45
Quote:
Originally Posted by SolipsismX View Post


I doubt that's not what these penalties are for. Besides the revenue earning aspect of fines I assume it's prevent any obscure (read: universal) marketing from being in the future.

Pretty much, Australia's economy is hardly failing so its not like we need the revenue from this fine, it's about making a point.

post #23 of 45
Quote:
Originally Posted by hill60 View Post

 

Actually it is, if you take it somewhere with "4G" it WILL work.

 

The 4G components haven't been removed, it still has 4G chips.

You are clearly wrong when it comes to selling it in Australia so just except it and move on.

post #24 of 45
Quote:
Originally Posted by zoetmb View Post

Sorry..I agree with the judge.  I love Apple, but they had no business labeling a product as being 4G capable when it wasn't.    

And your argument is just as wrong as the last 1000 times it was used.

First, the device is still 4G capable - if you take it to a place that has LTE of the right frequency, it works. The advertisement even told you where to take it (US or Canada).

Second, HSPA+ meets the international definition of 4G, so even in Australia, the device provides 4G service.

Finally, even if the customer is unwilling to accept those factual arguments, Apple offered a complete refund to any unhappy customers, so no one was harmed.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #25 of 45
I'm contemplating suing AT&T & Apple for showing a 4G indicator when it's only 3G - I think 50K in compensation for all my pain and suffering is appropriate.
post #26 of 45
Quote:
Originally Posted by jragosta View Post


And your argument is just as wrong as the last 1000 times it was used.
First, the device is still 4G capable - if you take it to a place that has LTE of the right frequency, it works. The advertisement even told you where to take it (US or Canada).
Second, HSPA+ meets the international definition of 4G, so even in Australia, the device provides 4G service.
Finally, even if the customer is unwilling to accept those factual arguments, Apple offered a complete refund to any unhappy customers, so no one was harmed.

You are wrong and will always be wrong on this issue so just move on. Maybe you have a awesome car analogy for us?? lol

post #27 of 45
Quote:
Originally Posted by fredaroony View Post

How has this stopped the supply of your stock? If you say it has then you are clearly lying.

 

 

We sold all our stock of iPads.

 

ACCC "Australian customers are too stupid to read" bullshit comes up.

 

No shipments.

 

Proceedings through court...

 

No shipments.

 

Finalisation of court proceedings.

 

Shipments show up in different packaging.

 

Coincidence?

 

 

I think not.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #28 of 45
Why is it so difficult for Americans to understand that other countries have their very own laws, and that if they are broken then there will be a sanction? Personally, I think Apple is lucky to be able to sell in Australia, given how much more expensive their stuff is there. Also the economy is light years better than the US economy, so people have more disposable income.
post #29 of 45
Quote:
Originally Posted by hill60 View Post

 

 

We sold all our stock of iPads.

 

ACCC "Australian customers are too stupid to read" bullshit comes up.

 

No shipments.

 

Proceedings through court...

 

No shipments.

 

Finalisation of court proceedings.

 

Shipments show up in different packaging.

 

Coincidence?

 

 

I think not.

You are talking absolute crap, iPads have always been available during this issue. It's a shame we have so many of your type in retail sales in this country, you really have no idea about consumer law in Australia.

post #30 of 45
Quote:
Originally Posted by Lerxt View Post

Why is it so difficult for Americans to understand that other countries have their very own laws, and that if they are broken then there will be a sanction? Personally, I think Apple is lucky to be able to sell in Australia, given how much more expensive their stuff is there. Also the economy is light years better than the US economy, so people have more disposable income.

Regardless of your nationality, you can't be familiar with laws of the every country and Apple operates in multitudes of countries. That's why Apple has Australian corporate legal staff that work for their company and their job is to ensure that Apple is complying with the local laws. If the local staff in Australia took the opportunity to review the packaging to ensure compliance and passed it, who's fault is it? Some Australian lawyers who don't know their own laws, right? By your standard, that local lawyer(s) should be fired because they didn't know their 'very own' laws.
post #31 of 45
I have said this before but Apple should just tweak their Australian pricing by adding A$0.99 to every iPad. That will replace the money paid out to the Australian government.
post #32 of 45
Quote:
Originally Posted by irnchriz View Post

I have said this before but Apple should just tweak their Australian pricing by adding A$0.99 to every iPad. That will replace the money paid out to the Australian government.

Great theory...so Apple should jack the up the price for every other mistake they make as well? 

post #33 of 45
Quote:
Originally Posted by charlituna View Post

I wonder how many folks were really confused by the statement "LTE only works in North America"

"but that's not the point"

Apple isn't likely to fight this even though the real issue is that some folks were too lazy to read and/or carriers to lazy to train their sales staff correctly (a problem the US has with all three carriers). they make this much money in the time it takes Tim Cook to drive to work. It's almost a joke that the fine is this low but at least the Australian Government can say they did something to 'the big bad lying Apple' so all will be happy

In all fairness though, prominently advertising it as LTE presents information extraneous to the market in question.
Something like this:

iDevice LTE*
*LTE feature does not actually work in your market.

This doesn't strike me as a good way to communicate.
post #34 of 45
Quote:
Originally Posted by fredaroony View Post

You are wrong and will always be wrong on this issue so just move on. Maybe you have a awesome car analogy for us?? lol

You've been given the car analogy 100 times - and it still hasn't sunk it. It's pretty obvious why you think I'm wrong - you refuse to even consider the arguments that are presented.

Of course, since you don't present any arguments of your own or explain WHY you think I'm wrong, that's not surprising. Your mind is closed and you are incapable of any kind of rational discussion.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #35 of 45
Quote:
Originally Posted by jragosta View Post


You've been given the car analogy 100 times - and it still hasn't sunk it. It's pretty obvious why you think I'm wrong - you refuse to even consider the arguments that are presented.
Of course, since you don't present any arguments of your own or explain WHY you think I'm wrong, that's not surprising. Your mind is closed and you are incapable of any kind of rational discussion.

 

The arguments on both sides have been presented more times than I care to count. As I recall, the sticking point was your refusal to accept that there is something wrong in producing 'misleading' advertising which is not necessarily false. It's disingenuous of you to suggest that your car analogy hasn't sunk in, since it's been explained to you multiple times why the analogy is flawed and you refuse to countenance those explanations.

post #36 of 45
Quote:
Originally Posted by Euphonious View Post

The arguments on both sides have been presented more times than I care to count. As I recall, the sticking point was your refusal to accept that there is something wrong in producing 'misleading' advertising which is not necessarily false. It's disingenuous of you to suggest that your car analogy hasn't sunk in, since it's been explained to you multiple times why the analogy is flawed and you refuse to countenance those explanations.

Sorry but "waaahhhhhh, I don't like reality" isn't a refutation.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #37 of 45
Quote:
Originally Posted by fredaroony View Post

You are talking absolute crap, iPads have always been available during this issue. It's a shame we have so many of your type in retail sales in this country, you really have no idea about consumer law in Australia.

 

Telstra say they have a 4G network and sell 4G phones...

 

...but they don't, they won't work as advertised where I live or work, it doesn't work in stores where they advertise 4G.

 

It's a shame we have people like you who judge people too stupid to be able to read or make their own decisions.

 

F U C K THE NANNY STATE I AM SICK OF PEOPLE WANTING OTHERS TO TAKE RESPONSIBILITY FOR THEIR OWN STUPIDITY.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #38 of 45
Quote:
Originally Posted by JerrySwitched26 View Post

 

 

It is like all those cars that are advertised as being able to be used in cities at 200 MPH.  

 

/s

...or SUV one's where they build their own roads.

 

I have NEVER seen a hamburger that looks anything remotely like the advertising pictures plastered around fast food joints and prominently advertised on TV, never, not once.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #39 of 45
Quote:
Originally Posted by jragosta View Post


You've been given the car analogy 100 times - and it still hasn't sunk it. It's pretty obvious why you think I'm wrong - you refuse to even consider the arguments that are presented.
Of course, since you don't present any arguments of your own or explain WHY you think I'm wrong, that's not surprising. Your mind is closed and you are incapable of any kind of rational discussion.

It will never sink because it's utter crap. As for the rest of your post, Pot kettle black my friend....

post #40 of 45
Quote:
Originally Posted by hill60 View Post

 

Telstra say they have a 4G network and sell 4G phones...

 

...but they don't, they won't work as advertised where I live or work, it doesn't work in stores where they advertise 4G.

 

It's a shame we have people like you who judge people too stupid to be able to read or make their own decisions.

 

F U C K THE NANNY STATE I AM SICK OF PEOPLE WANTING OTHERS TO TAKE RESPONSIBILITY FOR THEIR OWN STUPIDITY.

Yes of course it works, you are just trying to come up with more lame excuses for Apple. Telstra do sell 4G phones that work on 4G in THIS country.

 

Please for the love of God, get out of the sales business! You have zero clue what you are on about.

 

Actually tell us all where you work so I can come in and humiliate you in front of all your colleagues for not understanding the most basic of consumer law in this country. You will be exposed for the fool you are.

New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Genius Bar
AppleInsider › Forums › General › Genius Bar › Australian judge approves $2.3M fine against Apple for 4G iPad marketing