applecare2Last year, Apple was fined $1.2 million in Italy over how the company advertises its warranty to customers. Italy's antitrust regulators ruled that Apple has not been providing adequate disclosures about the two free years of product warranty assistance required under Italian law, while also pushing customers to purchase AppleCare extended warranties without disclosing that many of the benefits overlap the standard warranty.

As pointed out by @setteBIT, Apple has lost its appeal [Google Translate] in the case. There will be a followup hearing on May 9th. In the meantime, Apple will have to pay €900,000 fine previously assessed by the Italian antitrust authority.

Apple added disclosures to its Italian online store to address the court's concerns, after the initial ruling. It's unclear if those will be returning as part of the appeals court's decision.

This comes on the heels of a series of letters sent earlier this week to European Union regulators from consumers groups in 11 countries asking for action against Apple regarding its warranty practices.

Top Rated Comments

Dr McKay Avatar
121 months ago
How? If this is standard warranty law in Italy why is it Apple's job to make sure the public knows all of this? Isn't that part of their government's job?

It's good because Apple was deliberately playing on peoples lack of understanding of the law and trying to sell them a service that was useless to them.
Score: 19 Votes (Like | Disagree)
bigjobby Avatar
121 months ago
This could set a legal precedence for other parts of Europe and how electrical goods generally are sold in other retail stores. Should be interesting to (hopefully) clarify some consumer rights issues and raise awareness.
Score: 13 Votes (Like | Disagree)
thundersteele Avatar
121 months ago
Applecare provides more support (and for a longer period) than italian and other european mandatory warranties demand. Apple can continue to sell AppleCare, including phone support and excellent service.

What Apple is not allowed to do is to promote AppleCare by saying that there is only one year of limited warranty on new products! This is what they were fined for.

The ruling is good for consumer protection in Europe. This will also apply to HP, Dell, and other US manufacturers (most Asian manufacturers already give 2 years of warranty in europe!).

----------


There are also reports that when some customers in those parts of the European Union that are covered by this law tried to have their machines looked at for warranty repairs more than 12 months after purchase but less than 24 months, Apple refused to honour their legal obligations. It is this point that is the most worrying with regard to Apple's behaviour and for this reason alone I welcome the ruling and hope that Apple is brought to task to honour such obligations.

Just as a side remark, the mandatory warranty is different from what AppleCare offers:
a) The vendor is responsible/liable, not the manufacturer. So those who didn't buy directly from Apple have to go elsewhere to get their repairs
b) If the device is older than 6 month, the consumer has to prove that it is a manufacturing defect, and not something that broke later
c) Service centers will not provide service, unless the device was bought there
d) You actually have to bring in the device to some apple store, since there is no phone support

Point b) can be used to reject most claims without violating any laws. It is very hard for a layman to prove that a defect was there originally.
Score: 3 Votes (Like | Disagree)
SlugBlanket Avatar
121 months ago
It's almost akin to the mis-selling of Payment Protection Insurance schemes for credit cards that were so prevalent over here in the UK, where banks pushed this on customers who didn't need it or ask for it. Many banks have had to put aside billions to cover the resultant miss-selling occurances.

If Apple had stated where this law applies (primarily European Community) that customers purchases were warranted for the first 2 years but they had the option of extending it for an additional year at a cost, then there would be no problem.

In Apple's defence, Applecare in addition to extending the warranty also provides for telephone support which is not mandated under European Law. Some would question the value of that telephone support given that most people wouldn't use it and if they did, is it worth what Apple is charging?

There are also reports that when some customers in those parts of the European Union that are covered by this law tried to have their machines looked at for warranty repairs more than 12 months after purchase but less than 24 months, Apple refused to honour their legal obligations. It is this point that is the most worrying with regard to Apple's behaviour and for this reason alone I welcome the ruling and hope that Apple is brought to task to honour such obligations.

As an aside, if a customer purchases an Apple computer under the UK Education scheme, Apple implements an automatic standard 3 year warranty which includes Applecare on the product. I was made aware of this by this (https://forums.macrumors.com/showthread.php?t=1103022&highlight=education) thread on these forums.

Like many others I was prepared to purchase Applecare at the point of ordering until I read that thread. I can confirm the accuracy of the information as my MBP has an attached 3 year Applecare contract. There are others in my extended family that were not aware of this, and at point of sale (under the Education scheme) were not told of this even though they paid the additional cost of the Applecare scheme. At the very least they should have been made aware of this by the system after purchase at some point.

If Apple are able to sell machines under the UK Education scheme at a discount of up to 17% (the University discount I was quoted for a 6 core Mac Pro last year) and also include 3 years Applecare at no additional cost, it should not be a problem for them to at least inform where appropriate that a 2 year warranty for parts (not Applecare) already exists.

Apple are not obligated to ensure customers know all their statutory rights but they should be reticent to not "push" products that offer arguable value over those rights. As an Industry leader they should have industry leading ethics as good as their products which are exceptional.
Score: 3 Votes (Like | Disagree)
TheAustrianGuy Avatar
121 months ago
You need to be familiar with EU law to understand this.

It is much easier to explain in German, because there are two different terms for the two different kinds of warranties:

Garantie
...and...
Gewaehrleistung

While the term "Garantie" stands for the warranty the manufacturer gives you, the term "Gewaehrleistung" means that whoever sells something has to make sure whatever he sells you is OK at the time of the sale for a period of 2 years for movable goods, and 3 years for fixed goods (floor, windows,...).

This is where it gets tricky.
If a defect shows up within the first 6 months after the sale, the law says that the defect has been there all along, and the seller has to either repair or replace what he sold you.
However, if a defect shows up after the first 6 months have passed (you as consumer are still well within the 2-year period then!), the consumer has to prove to the seller that the defect HAD BEEN THERE AT THE TIME OF SALE.
This is virtually impossible to prove in the most cases. How should you as a consumer prove that the TV set that stopped working stopped working because of a defect that had been there since the beginning?

This is where the manufacturer's "Garantie" kicks in.
Because it is virtually impossible to get any service from the seller after 6 months, you have to rely on the manufacturer's "Garantie".
In Apple's case, this period lasts 12 months, or 2 to 3 years total if you have AppleCare.
For many other manufacturers, the "Garantie"-period is much longer, but there is - AFAIK - no mandatory "Garantie" period manufacturers offer (but all manufacturers do it because if they wouldn't do it, no one would buy their stuff).

Long story short:
If for example an iPad or a MacBook fails after 7 months, under EU law, you would have to prove to the seller that the defect had been there all along, which in most cases is not possible. So the seller can send you away without offering help without violating any laws.
But Apple will repair the iPad or MacBook, because it's still within the 12 months manufacturer's warranty. If you have AppleCare, it would be 24 months (iPad) or 36 months (MacBook) of Apple warranty.

The problem is most people (almost all of them) don't get the difference between "Garantie" and "Gewaehrleistung" (in some languages, there are not even two different words for the two different concepts), and think Apple gouges them by selling them AppleCare.
But in fact Apple doesn't. (Which shouldn't mean Apple's standard warranty period of 12 months is enough - in fact, it's laughable and a shame).
Score: 2 Votes (Like | Disagree)
Husky1992 Avatar
121 months ago
If you want to sell something in italy you MUST guarantee a 24 month warranty, it doesn' t matter how good is apple's 12 month warranty. Do you guys in the US have only a 12 month warranty?
Score: 2 Votes (Like | Disagree)

Top Stories

apple watch 6s 202009

Bloomberg: Apple Watch Series 7 to Feature Thinner Screen Bezels, Faster Processor, and Updated Ultra Wideband Tech

Monday June 14, 2021 3:41 am PDT by
This year's Apple Watch Series 7 is likely to have thinner display bezels and use a new lamination technique that brings the display closer to the front cover, according to Bloomberg's Mark Gurman. From the report: The Cupertino, California-based tech giant is planning to refresh the line this year -- with a model likely dubbed the Apple Watch Series 7 -- by adding a faster processor,...
m1 imac back

Some M1 iMac Models Shipping With Crooked Mountings

Monday June 14, 2021 12:50 pm PDT by
Some M1 iMacs appear to have a manufacturing defect that causes the display to be mounted on the stand in a way that's not perfectly aligned, leading to a crooked display. YouTuber iPhonedo over the weekend published a review of the M1 iMac, and he found that his machine appeared to be tilted on one side, a mounting disparity that was visibly noticeable and proved with a ruler. Another...
studio buds family

Beats Studio Buds Debuting Today With Active Noise Cancellation, Stemless Design, and More for $150

Monday June 14, 2021 8:00 am PDT by
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99. The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
16 inch macbook pro m2 render

When Can We Expect the Redesigned MacBook Pros Now?

Wednesday June 16, 2021 7:11 am PDT by
With no sign of redesigned MacBook Pro models at this year's WWDC, when can customers expect the much-anticipated new models to launch? A number of reports, including investor notes from Morgan Stanley and Wedbush analysts, claimed that new MacBook Pro models would be coming during this year's WWDC. This did not happen, much to the disappointment of MacBook Pro fans, who have been...
apple new iphone case colors

Apple Releases New Sunflower, Cloud Blue and Electric Orange iPhone 12 Cases

Monday June 14, 2021 11:12 am PDT by
Apple today released silicone iPhone cases for the iPhone 12, 12 Pro, 12 Pro Max, and 12 mini in a series of new colors that include sunflower, cloud blue, and electric orange. Sunflower is a bright yellow shade, cloud blue is a soft, light blue, and electric orange is a bright orange that's darker than the kumquat color and more orange than pink citrus. The new cases are priced starting...
ipad iphone duo ios 12

Apple Releases iOS and iPadOS 12.5.4 Security Fix for Older iPhones and iPads

Monday June 14, 2021 10:15 am PDT by
Apple today released new iOS and iPadOS 12.5.4 updates, with the new software aimed at older devices that are unable to run the iOS 14 update that's available on modern devices. The iOS and iPadOS 12.5.4 updates can be downloaded for free and the software is available on all eligible devices over-the-air in the Settings app. To access the new software, go to Settings > General > Software...
files app ipados 15

iPadOS 15: Files App Gains NTFS Support, Progress Indicator, and More

Tuesday June 15, 2021 3:41 am PDT by
Apple in iPadOS 15 has added the ability to access NTFS-formatted media from within the Files app. The additional support for the Windows-related format, first discovered by YouTuber Steven Fjordstrøm, is read-only, so like on macOS you can't modify files stored on NTFS devices, but you can at least copy any data on them for working on elsewhere on your iPad. The Files app has also gotten a...
maxresdefault

Apple CEO Tim Cook: Sideloading Apps Would 'Destroy the Security' of the iPhone

Wednesday June 16, 2021 10:49 am PDT by
Apple CEO Tim Cook this morning participated in a virtual interview at the VivaTech conference, which is described as Europe's biggest startup and tech event. Cook was interviewed by Guillaume Lacroix, CEO and founder of Brut, a media company that creates short-form video content. Much of the discussion centered on privacy, as it often does in interviews that Cook participates in. He...
maxresdefault

Demo: Check Out AirPlay 2 on a Mac in macOS Monterey

Tuesday June 15, 2021 11:57 am PDT by
With macOS Monterey, Apple has introduced expanded AirPlay 2 support, so you can AirPlay content from an iPhone, iPad, or even another Mac to your main Mac. We thought we'd do a quick demo of this handy new feature in our latest YouTube video. Subscribe to the MacRumors YouTube channel for more videos. With AirPlay to Mac, you can extend or mirror an Apple device's display to a Mac, and since ...
nomad airtag wallet card 2

Nomad's Latest Accessory Makes It Easier to Put an AirTag in Your Wallet

Monday June 14, 2021 12:00 pm PDT by
Nomad, known for its range of accessories designed for Apple devices, today announced the Card for AirTag, which is designed to make it easier for an AirTag to fit inside a wallet for tracking purposes. With Card for AirTag, an AirTag fits inside the middle of a card-shaped holder that's then meant to fit inside of a wallet. According to Nomad, the design offers a smooth, uniform shape that...