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Spain: Apple misleads consumers into extending iPhone warranties

Consumers International member organisation FACUA believes Apple is misleading its customers into believing that the warranty on Apple products lasts only one year, in order to try and make customers pay for an extension on their warranty plan. Spanish consumer organisation, FACUA-Consumers in Action, has reported Apple to the consumer protection authorities in Spain.

Two years not one

Apple has been sending emails to its users in which it states that their one year warranty for repairs is nearly finished, in order to try and sell its AppleCare Protection Plan. FACUA notes that Spanish law states that the legal warranty period for new products is two years from the time of purchase.

 

Claim back the extended Apple warranty

FACUA informs consumers in Spain who have purchased Apple's warranty plan, thinking that their guarantee only lasts one year, that they have the right to claim back the cost of this subscription.

 

AppleCare Protection Plan

Specifically, the advert for the AppleCare Protection Plan, which Apple has sent to its users, states: "Protect your iPhone 4 for one year more with the AppleCare Protection Plan. Get up to two years cover for technical services and repairs from the time of purchase of your iPhone".

The advert also states that "AppleCare Protection Plan can only be purchased if your device is still covered under the one-year limited warranty".

 

Infringement

For this reason, FACUA has reported Apple to the National Consumer Institute (INC) and regional consumer associations in Spain for infringing the Law for the General Protection of Consumers and Users, which states that "the seller must respond to any malfunctions reported within two years upon the user receiving the goods".

In addition, FACUA believes that the company´s advert misleads, or can mislead, consumers, thereby committing false advertising as defined in Article 5 of the Law of Unfair Competition. This article stipulates that "false advertising is considered illegal in any act that contains false information, or information which, although may be true, may contain content or be presented in a way which misleads, or could mislead, the recipients of the said information in such a way that may alter their economic choices".