ACCC takes action over Apple's 4G iPad claims

The Australian Consumer and Competition has today reported that it is launching legal proceedings against Apple claiming that it is misleading consumers.

The ACCC’s actions arises from Apple’s  claims that the latest iPads are 4G. It has been reported that the new iPad is not in fact compatible with 4G services currently offered in Australia as they cannot operate on the frequencies that Telstra use to operate its 4G or LTE network.

In its press release today, the ACCC said:

The ACCC alleges that Apple’s recent promotion of the new “iPad with WiFi + 4G” is misleading because it represents to Australian consumers that the product “iPad with WiFi + 4G” can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.

The ACCC alleges that Apple’s conduct contravenes sections 18, 29(1)(a), 29(1)(g) and 33 of the ACL.

The ACCC is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device.

Additionally the ACCC is seeking final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.

The matter is due to be heard for the first time before the Federal Court of Australia in Melbourne tomorrow.