67273. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty. 7.2 Is/are the consumer protection authority/authorities bound by a time limit to commence proceedings on breaches? Civil penalties are not available in an administrative proceeding. I called Apple again, this time I asked for my rights derived fromConsumer Law warranty (that is not necessarily what's in a producer warranty), and since Apple Online Store is the seller, Apple Online Store is the guarantor here and have to handle my claim. 12 U.S.C. The target may file a motion to quash within 20 days, which is initially ruled on by a single Commissioner and may be appealed to the FTC. Civil penalties across the states range from $2,500 for a one-time unintentional violation of the CCPA to up to $20,000 for a single violation of Colorados law. Copyright 2-314(2). For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to these additional 15 USC 46(a). The FTC and state attorneys general are responsible for enforcing the INFORM Consumers Act. 4.6 What remedies are available for a breach of the protections/prohibitions relating to Conduct? The FDCA seeks to ensure the safety of food, drugs, medical devices and cosmetics. 9.1 What are the recent enforcement trends in your jurisdiction? By that date, online marketplaces must implement policies, procedures, and controls to comply with the Acts requirements. Apple may request that you replace certain user-installable parts or Apple Products. If the estimated expiration date of your Telephone Technical Support, Limited Warranty, or AppleCare agreement for your serial number is incorrect, please contact us. See, e.g., 21 USC 451 et seq. Just as a case coming up for appellate review from a federal district court receives some deference from the appellate court, so too does a final Commission decision. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. The EU has stood by its fine, stating that "Member States cannot give tax benefits to selected companies - this is illegal under EU. 2023 For example, the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) imposes a standard of strict liability on businesses, and contains an exemption for media entities that publish deceptive advertisements in good faith and without knowledge of the deception. For example, the UCC generally applies to all commercial sales of goods, but parties may contractually modify the protections available to businesses. 3.7 Describe any voluntary or mandatory product safety recall regimes. In Colorado, a new provision of ColoPA will give consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data starting July 1, 2023. Normally, if your Mac or iPhone develops a problem, Apples return policies or warranty service will make it right. The related standard prohibits drawstrings at the hood and neck area of childrens upper outerwear and imposes specific limitations on the use of drawstrings in the waist or bottom of childrens upper outerwear. Legal - Hardware Warranties - Apple WHAT WILL APPLE DO IN THE EVENT THE WARRANTY IS BREACHED? Our State AG webinar series continues, this time with Ohio Attorney General Dave Yost and Chief of the Consumer Protection Section Melissa Wright. Generally, Apple may be deemed to have failed to repair your Mac if 1) it refuses to fix your Mac; or 2) fails to fix your Mac after a reasonable number of attempts (more than three to four attempts is usually unreasonable). While the plaintiff corporation must demonstrate economic loss to its business caused by the defendant companys unfair or deceptive practices, it need not have tendered money directly for goods or services offered by the defendant. Attorneys are expensive and any serious warranty dispute will take weeks, even months, to resolve. 2020 Apple Inc. All rights reserved. Powerful examples of state privacy legislation are the Illinois Biometric Information Privacy Act (BIPA), and the California Consumer Privacy Act (CCPA). Who Wrote That Up For You?: Dave Maxfield, Consumer Law SC - Who Wrote SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU. Opening the Apple Product or removing protective caps may cause damage that is not covered by this Warranty. 4.1 Please describe any protections/prohibitions relating to the conduct of persons or businesses (e.g., manufacturers/retailers) which sell or supply goods and services to consumers (Conduct). The second most common type of fraud in 2022 was imposter scams, with up to $2.6 billion of losses reported in 2022, up from $2.4 billion in 2021. For example, under the Uniform Commercial Code (UCC), which surprisingly is not a federal law but instead is a collection of laws universally adopted by states to regulate interstate commercial transactions, consumer means an individual who enters into a transaction primarily for personal, family, or household purposes. For example, I have personally seen Apple return repaired Macs damaged by the repairs (i.e. Information on a variety of additional legal topics, and contact details for any additional questions.