Australian regulatory body dragging the Cupertino computer giant to court

Mar 27, 2012 14:15 GMT  ·  By

Australian regulators are accusing Apple of breaking the law with its 4G LTE allegations in that country, as buyers of the new iPad will not be able to leverage this capability down under.

The Australian Competition and Consumer Commission said today that Apple is violating the Australian Consumer Law via misleading marketing.

While the new iPad is as 4G-capable as a device can get, the LTE standard it supports won’t work on local carriers’ networks.

In Australia, there is one 4G service provider (Telstra) that uses an 1800MHz frequency band, whereas the iPad requires a 700MHz or 2100MHz band for LTE, as ZDnet points out. Now the ACCC is trying to impose fines and an injunction against sales.

A statement provided by the ACCC on its official website says 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 is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device,” reads the text.

Moreover, the regulatory body is seeking “final orders including injunctions, pecuniary penalties, corrective advertising, and refunds to consumers affected.”

The ACCC advises customers who plan on purchasing an “iPad with WiFi + 4G” to “ensure that they have a proper understanding of the mobile data networks which this iPad can directly access by a SIM card.”

The Australian Competition and Consumer Commission will be making its application to the Federal Court in Melbourne, tomorrow at 9:30 a.m., for orders against Apple Pty Limited and Apple Inc.

When the new iPad was unveiled, Apple said the product featured “the most comprehensive support for fast networks worldwide including HSPA+ and DC-HSDPA,” adding that “both CDMA and GSM iPad users have the ability to easily roam internationally.”