Australian consumer laws come to the rescue for one Apple user

It pays to know your rights under the Australian Consumer Law (ACL), especially if you own multiple electronic devices.


One student was pleasantly surprised to learn that he did not have to pay a cent to replace the batteries of his Apple devices.

Posting on the social news website Reddit, he said: ‘Over the past 6 months, my Apple devices have crossed under 80% battery health after owning and using them extensively for 2 years. Since their battery life is noticeably degraded, I grit my teeth and took them into a local Mac-authorised repair store and got quoted more than $1000. After I pulled my jaw off the floor, I thought I’d get a second quote from a different store. Ready to pay out the a**, I was floored for a much better reason when the staff member said: “Yeah, we can get these fixed/replaced for you free of charge because you’ve owned them for under 2 years.”’

The Redditor continued: ‘I was shocked, I don’t have AppleCare or Apple Care+. He explained that our consumer laws ensure that Apple will replace batteries and other technical issues within “a reasonable time period”, which is apparently 2 years.’

The poster claimed that he also received a brand new Apple Watch and AirPods and was able to replace his MacBook Pro battery at no cost, saving over $1000 in the process. He then urged others with Apple products to check their gadgets’ battery health and do what he did if their batteries are degrading faster than normal.


Other Aussies shared their experience.

One poster said: ‘My Jabra headphones stopped working. I had three back-and-forth emails. They said, “out of warranty, sorry”. I very politely quoted the ACCC with links to the ACCC website. They escalated and said they’ll give me a replacement even though it’s out of warranty.’ They continued: ‘Never forget. We are in Australia with strong consumer rights protections.’

Another confirmed that Australian consumer rights cover an array of products: ‘Yep, works on anything. The more expensive it is, the more reasonable it is that it lasts. Have used this on TVs, cars, and a laptop.’

One Aussie encouraged mentioning ACCC whenever possible: ‘Whenever I have a problem like that, I threaten the store with the report I am going to send to the ACCC. Most cave instantly… Use the ACCC at literally every chance you can get. Threaten stores with reports. It nearly always works. If it fails, you owe them nothing.’


A top comment from an Aussie lawyer with experience in consumer law said: ‘Something worth remembering is that your rights under warranties and your rights under ACL are completely different. They are very close, but there's nuance.’

They explained: ‘Warranties are provided by the manufacturer. You have to abide by their terms and conditions if you want an “authorised repair”. Meanwhile, your rights under the ACL say that the seller of the product has to sell you a product that is fit for purpose. If the product has defects, then you have a right to ask for a refund, replacement, or repair. You may have a good number of years to typically exercise these rights – these rights are commensurate to the cost of the product.’

vista-wei-cV-LxT7k884-unsplash.jpg
Apple users are entitled to consumer protection under ACL even without AppleCare. Credit: Vista Wei

The lawyer warned that retailers might try to deny your rights by saying there is no difference between the two and that they will have to send off your devices for repair. You can counter these attempts by reminding retailers that they can be penalised for not following ACL and for denying customers the right to repair, replace, or refund.

A former Apple store employee also shared useful information: ‘It's worth mentioning that ACL coverage on any replaced components restarts from the date of replacement. This includes whole unit replacements like a replacement iPhone, iPad, Watch, etc.’ So yes, coverage is renewed after replacement instead of continuing from the original date of purchase.


For reference, consumers can check the ACCC guide for consumer guarantees and the ACL under Schedule 2 of the Competition and Consumer Act 2010.

Apple may be one of the better retailers now when it comes to abiding by the ACL, but the company has been under fire a few times in the past.

In 2013, Apple was called out by ACCC for contravening ACL. The company was enforcing its policies that only offer guarantees for a limited time and telling customers that they are not entitled to refunds, replacements, or free repairs. Apple then committed to training its staff regarding consumer rights.

Four years later, the Australian watchdog again took action against Apple for denying customers the right to repair. ACCC alleged that users who encountered errors after downloading the then-latest iOS update on their iPhones and iPads were turned away for previously taking their items to third-party repairers, even if their reason was unrelated to the iOS error. The Federal Court fined Apple $9 million for the warranty misrepresentations and maintained that consumer guarantees still applied to customers who sought repair from establishments besides Apple.


It pays to be persistent when you have to make a warranty claim, but we’ll echo a sentiment from one Redditor: ‘Being a polite pain in the a** is the absolute best way to get your way.’ Not all store staff are out to get you, and many are willing to help.

Have you ever experienced a brand trying to get around consumer laws? Let us know in the comments below!
 
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It pays to know your rights under the Australian Consumer Law (ACL), especially if you own multiple electronic devices.


One student was pleasantly surprised to learn that he did not have to pay a cent to replace the batteries of his Apple devices.

Posting on the social news website Reddit, he said: ‘Over the past 6 months, my Apple devices have crossed under 80% battery health after owning and using them extensively for 2 years. Since their battery life is noticeably degraded, I grit my teeth and took them into a local Mac-authorised repair store and got quoted more than $1000. After I pulled my jaw off the floor, I thought I’d get a second quote from a different store. Ready to pay out the a**, I was floored for a much better reason when the staff member said: “Yeah, we can get these fixed/replaced for you free of charge because you’ve owned them for under 2 years.”’

The Redditor continued: ‘I was shocked, I don’t have AppleCare or Apple Care+. He explained that our consumer laws ensure that Apple will replace batteries and other technical issues within “a reasonable time period”, which is apparently 2 years.’

The poster claimed that he also received a brand new Apple Watch and AirPods and was able to replace his MacBook Pro battery at no cost, saving over $1000 in the process. He then urged others with Apple products to check their gadgets’ battery health and do what he did if their batteries are degrading faster than normal.


Other Aussies shared their experience.

One poster said: ‘My Jabra headphones stopped working. I had three back-and-forth emails. They said, “out of warranty, sorry”. I very politely quoted the ACCC with links to the ACCC website. They escalated and said they’ll give me a replacement even though it’s out of warranty.’ They continued: ‘Never forget. We are in Australia with strong consumer rights protections.’

Another confirmed that Australian consumer rights cover an array of products: ‘Yep, works on anything. The more expensive it is, the more reasonable it is that it lasts. Have used this on TVs, cars, and a laptop.’

One Aussie encouraged mentioning ACCC whenever possible: ‘Whenever I have a problem like that, I threaten the store with the report I am going to send to the ACCC. Most cave instantly… Use the ACCC at literally every chance you can get. Threaten stores with reports. It nearly always works. If it fails, you owe them nothing.’


A top comment from an Aussie lawyer with experience in consumer law said: ‘Something worth remembering is that your rights under warranties and your rights under ACL are completely different. They are very close, but there's nuance.’

They explained: ‘Warranties are provided by the manufacturer. You have to abide by their terms and conditions if you want an “authorised repair”. Meanwhile, your rights under the ACL say that the seller of the product has to sell you a product that is fit for purpose. If the product has defects, then you have a right to ask for a refund, replacement, or repair. You may have a good number of years to typically exercise these rights – these rights are commensurate to the cost of the product.’

View attachment 6663
Apple users are entitled to consumer protection under ACL even without AppleCare. Credit: Vista Wei

The lawyer warned that retailers might try to deny your rights by saying there is no difference between the two and that they will have to send off your devices for repair. You can counter these attempts by reminding retailers that they can be penalised for not following ACL and for denying customers the right to repair, replace, or refund.

A former Apple store employee also shared useful information: ‘It's worth mentioning that ACL coverage on any replaced components restarts from the date of replacement. This includes whole unit replacements like a replacement iPhone, iPad, Watch, etc.’ So yes, coverage is renewed after replacement instead of continuing from the original date of purchase.


For reference, consumers can check the ACCC guide for consumer guarantees and the ACL under Schedule 2 of the Competition and Consumer Act 2010.

Apple may be one of the better retailers now when it comes to abiding by the ACL, but the company has been under fire a few times in the past.

In 2013, Apple was called out by ACCC for contravening ACL. The company was enforcing its policies that only offer guarantees for a limited time and telling customers that they are not entitled to refunds, replacements, or free repairs. Apple then committed to training its staff regarding consumer rights.

Four years later, the Australian watchdog again took action against Apple for denying customers the right to repair. ACCC alleged that users who encountered errors after downloading the then-latest iOS update on their iPhones and iPads were turned away for previously taking their items to third-party repairers, even if their reason was unrelated to the iOS error. The Federal Court fined Apple $9 million for the warranty misrepresentations and maintained that consumer guarantees still applied to customers who sought repair from establishments besides Apple.


It pays to be persistent when you have to make a warranty claim, but we’ll echo a sentiment from one Redditor: ‘Being a polite pain in the a** is the absolute best way to get your way.’ Not all store staff are out to get you, and many are willing to help.

Have you ever experienced a brand trying to get around consumer laws? Let us know in the comments below!
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