Apple iPad 3 ‘4G’ Label Draws Legal Heat In Australia

4G has become quite the buzz word in the tech industry fueled by the demand for ever faster access to data even when wired connections cannot be used.  We’ve become quite used to the term being used to market faster mobile networks and cutting-edge devices that hearing about the release of a new 4G device or the rollout of wider 4G coverage has seemingly become sort of normal.

However, when Apple released the iPad 3 or otherwise known in some circles as the 4G iPad, it began misleading consumers. This is the contention of the Australian Competition and Consumer Commission (ACCC).

In a statement posted on their website on Tuesday, March 27, 2012, the ACCC said that they will formally be taking Apple to court in Australia in Melbourne for labeling the iPad 3 a 4G device. The Australian government arm says that labeling the device 4G in Australia is misleading and is a violation of the Australian Consumer Law (ACL).

Here’s the rest of ACCC’s statement:

“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.

The ACCC alleges that Apple’s conduct contravenes sections 18, 29(1)(a), 29(1)(g) and 33 of the ACL.

The ACCC is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device.

Additionally the ACCC is seeking final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.”

So, the ACCC wants people who bought the iPad 3 Wi-Fi + 4G to be refunded the amount they paid for the device. Additionally, the government agency is seeking damages from Apple and the action they took may also lead to a sales injunction of the iPad 3 in Australia.

To be fair, the iPad 4G is really 4G LTE capable. It just so happens that the flavor of 4G present in Australia is not compatible with the technology used in the iPad 3. The iPad 3 uses either 4G in the 700MHz or 2100MHz bands. Telstra offers 4G in Australia in the 1800MHz bands. To note, Apple does indicate – although in the fine print – on its website in Australia that you may use the iPad 3 on 4G networks outside the country particularly AT&T’s 4G in the U.S. and the 4G networks of Bell, Rogers, and Telus in Canada.

What do you think about this latest assault on the iPad 3 (from a government agency no less)? Tell us on the comments below.

Source: Australian Competition and Consumer Commission

Images 1 & 2 from Camillo Miller & bryangateb on Flickr (Creative Commons)

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