The Australian Competition and Consumer Commission (ACCC) has announced plans to file a complaint against Apple for alleged contraventions of the Australian Consumer Law (ACL) based on the company’s marketing of the third-generation iPad with Wi-Fi + 4G. The announcement reads, “The ACCC alleges that Apple’s recent promotion of the new ‘iPad with WiFi + 4G’ 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.” Of course, all third-generation iPad with Wi-Fi + 4G units sold in Australia can, in fact, connect to 4G LTE networks; Apple is not responsible for pushing local carriers to adopt the technology. The ACCC is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device, as well as injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.
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