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Tuesday 27 March 2012

Australian regulator takes Apple to court for misleading 4G claims


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Australia's advertising regulator is taking Apple to court because the new iPad doesn't connect to the country's lone 4G network.
In Australia, telecoms firm Telstra offers 4G internet but because it uses a different part of the spectrum to US networks the iPad can't connect to it.
Despite that, Apple still calls the premium iPad a "Wi-Fi + 4G" tablet, but clarifies in the small print that the device can "connect to the 4G LTE networks of AT&T in the U.S. and Bell, Rogers, and Telus in Canada."
The Australian Competition and Consumer Commission isn't happy. In a statement it says that "Apple's recent promotion of the new 'iPad with WiFi + 4G' is misleading because it represents to Australian consumers that the product can, with a SIM card, connect to a 4G mobile data network in Australia."
"This is not the case," the statement says. The commission will make an application to to the Federal Court in Melbourne for orders against Apple, on 28 March.
The ACCC says it is "seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device." To that end, it wants advertising to be corrected, it's seeking injunctions and penalties against Apple, and is hoping to get "refunds to consumers affected."
So what about Britain? Apple calls it a "Wi-Fi + 4G" iPad in the UK too, despite the fact that there are no 4G networks in the UK and there are no assurances that this iPad will even work on future 4G networks.
"Everything Everywhere will be in a position to roll out a 4G LTE network in the UK by the end of this year, albeit not for this iPad," one UK telecoms firm told Wired.co.uk, as part of our comprehensive guide to the new iPad's 4G promises. Europe will use different bands of the electromagnetic spectrum to America.
Wired.co.uk asked the Advertising Standards Agency about similar advertising would be allowed in Britain, and a spokesperson told us that "without going through due process we can't say whether the ad is likely to be problematic".
"All UK ads should avoid containing anything that is likely to mislead," the ASA told us. "The Advertising Code states that ads must not mislead the consumer by omitting material information or by presenting it in an unclear, unintelligible or ambiguous way."
"If anyone has concerns about the iPad ad then they can lodge a complaint with us and we will establish whether or not there is a problem under the Code," the spokesperson said. If that's you, you can lodge your complaint here.
Apple has been in trouble with the ASA on multiple previous occasions. In 2008 it claimed that "all the parts of the internet are on the iPhone", but without Flash or Java (at the time), the agency decided that the TV advert was misleading and banned it.
Later that year, an advert that claimed that the iPhone 3G was "really fast" was banned, because the ASA found that Apple was exaggerating its claims in its voiceover and visuals.

Thank You : wired.co.uk

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