UPDATED 21:43 EDT / NOVEMBER 30 2020

POLICY

Apple hit with 10 million euro fine in Italy after being accused of misleading customers

Italy’s antitrust watchdog has fined Apple Inc. €10 million ($12 million) for not being clear about how water-resistant some of its iPhones are.

The watchdog, the Autorità Garante della Concorrenza e del Mercato, said in a press release today that Apple had falsely advertised that the models iPhone 8, iPhone 8 Plus, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11pro and iPhone 11 pro Max, as water-resistant up to anywhere from one to four meters, depending on which model.

The AGCM said this claim was made after Apple had tested the phones under “specific and controlled laboratory tests with the use of static and pure water,” but this was misleading because in normal conditions the phones aren’t quite as water-resistant.

The watchdog also called out Apple for the disclaimer on the phones, “The guarantee does not cover damage caused by liquids.” Apple used water resistance in its advertising, which was a deception, said AGCM. The regulator went on to say the fact that water damage wasn’t covered under warranty for supposed water-resistant phones was a breach of the Consumer Code.

The investigation into the phones started after consumers complained that Apple wouldn’t cover the cost of repairs after their phones went on the blink after being exposed to liquids. That led investigators to conclude that Apple had been “misleading” and “aggressive” in its advertising. It said that Apple should have made it more clear regarding the fact the phones had limits to how permeable they were by water.

According to the report, some users of the phones had washed their device in the sink, something which Apple said was not proper use. That meant no free repair.

Other users believed that the phones would be OK if they just went for a short swim with them. One user said Apple had accused him of exposing his phone to too much water, although that consumer denied it. He was offered no support from Apple, which the regulator deemed unfair.

This is not the first time Apple has been fined in Italy for misleading customers, although this latest fine might seem like a drop in the ocean in comparison to the $1.2 billion French authorities fined Apple earlier this year.

Photo: William Hook/Flickr

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