The Federal Court has accepted an undertaking from Apple Pty Limited in response to an urgent application filed by the Australian Competition and Consumer Commission (ACCC) earlier today.
The ACCC has alleged that the promotion of the "iPad with WiFi + 4G" by Apple Pty Limited and Apple Inc 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.
Today Apple Pty Ltd provided an undertaking to the Federal Court that until further order or hearing, Apple Pty Limited would as soon as is reasonably practicable and by no later than 5 April 2012:
- display a statement that the “This product supports very fast cellular networks. It is not compatible with current Australian 4G LTE networks and WiMAX Networks” in its promotional materials, on its website and online store
- distribute signage with the same wording to resellers to be displayed at points of sale
- contact by email any persons for whom Apple Pty Limited has an email address and who have purchased the “iPad with WiFI + 4G” between 16 March and 28 March 2012 (including pre-orders prior to 16 March 2012) including statements to the effect that “This product supports very fast cellular networks. It is not compatible with current Australian 4G LTE networks and WiMAX Networks” and that such persons are entitled to return the product and request a refund within a timeframe specified in the email.
A directions hearing has been scheduled for 16 April 2012 at 9:30am. A mediation has been ordered for 18 April 2012. A hearing on liability has been set down commencing 2 May 2012.
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