Australia takes Apple to court over 'refusing service' claims

Sydney : Apple was Thursday taken to court by Australia's consumer watchdog for violating laws by allegedly refusing to look at or repair some iPads and iPhones previously serviced by a third party.

The tech giant "made false, misleading, or deceptive representations about consumers' rights under the Australian Consumer Law," the Australian Competition and Consumer Commission (ACCC) charged.

The proceedings, against Apple Pty Limited and its US-based parent Apple Inc, were brought on behalf of 275 consumers. 

Under Australian law, each breach can attract a fine of up to Aus$1.1 million (US$830 million), although it is up to the court to determine the size of the penalty.

The case followed an ACCC investigation into reports users who had an "Error 53" that disabled their iPads or iPhones after updating their operating systems were "routinely refused" by Apple to have their devices looked at or serviced.

These customers previously had their devices serviced by a third-party, "even where that repair was unrelated to the fault", the government body said.

"Consumer guarantee rights under the Australian Consumer Law exist independently of any manufacturer's warranty and are not extinguished simply because a consumer has goods repaired by a third party," ACCC chairman Rod Sims said in a statement.

He said to deny those rights had an impact beyond the affected consumers.

"(It) can dissuade other customers from making informed choices about their repair options including where they may be offered at lower cost than the manufacturer."

Apple in Australia had no immediate response.