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In view, promotions that enhanced the “water resistance” of different smartphone models. The company refused to provide support for the damaged devices.
In view, promotions that enhanced the “water resistance” of different smartphone models. The company refused to provide support for the damaged devices.
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The Italian Antitrust Authority fined Apple Distribution International and Apple Italia 10 million euros for two unfair business practices. The first refers to the dissemination of promotional messages for different iPhone models (iPhone 8, iPhone 8 Plus, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11pro and iPhone 11 pro Max). In the advertisements the characteristic of being waterproof for a maximum depth that varies between 4 meters and 1 meter depending on the model and up to 30 minutes.
However, according to the Authority, the messages did not clarify that this property is found only in presence of specific conditions, for example, during specific and controlled laboratory tests with the use of pure and static water, and not under normal conditions of use of the devices by consumers.
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Little clarity on warranties and no customer support
Furthermore, given the emphasis on the strength of the product, it was considered that the statement contained in the disclaimer (“The warranty does not cover damage caused by liquids”) would mislead consumers because it does not clarify what type of warranty refers to (warranty conventional or legal warranty) and was not considered capable of adequately contextualizing the conditions and limitations of the assertive claims of water resistance.
Finally, the Antitrust Authority considered Apple’s refusal to provide warranty assistance when those iPhone models were damaged due to the introduction of water or other liquids, hindering the introduction of water or other liquids as an “aggressive business practice.” ‘Exercise of the rights recognized by the law in terms of warranty or the Consumer Code.
