HP Is Being Sued By The ACCC

Fresh off a sweet victory against Apple over the "4G" iPad, the Australian Competition and Consumer Commission is suing HP over allegedly misleading customers with deceptive conduct relating to warranties and consumer rights.

The ACCC today said it's dragging HP to the Federal Court to answer for charges relating to:

• making false or misleading representations to consumers in relation to consumers’ statutory warranty and consumer guarantee rights; and • making false or misleading representations to retailers that HP was not liable to indemnify them if they provided consumers with a refund or replacement without HP’s prior authorisation.

In a nutshell, the ACCC alleges that HP Australia infringed upon Australian Consumer Law by telling customers that they had to have a product repaired multiple times before they were entitled to a replacement unit, the warranties were only valid for a limited "express warranty period" and when that express period expired, customers would be allegedly forced to pay for their own repairs.

HP Australia is also being accused of not honouring products purchased from the HP Online Store.

The ACCC wants a bunch of things from HP to remedy the alleged offences, including fines, declarations, disclosure orders, redress for consumers and legal costs.

The ACCC and HP will appear in court on 7 December.

We're chasing comment from HP Australia.

Image: walknboston

Originally published on Gizmodo Australia


Comments

    Good on the ACCC - the allegations sound very serious & if true, HP should be ashamed.

    This article could be improved by letting us know what the truth/reality is, rather than just what HP's lies were. (e.g. "By Australian Law, manufacturer warranty periods reset after each warranty-covered repair" or something along those lines. I don't know if that statement's true or not, it's just an example of the kind of thing I would've liked to accompany this article, is all)

      http://www.lifehacker.com.au/2012/08/no-warranty-and-other-lies-retailers-tell/
      http://www.lifehacker.com.au/2012/08/how-to-get-apple-to-replace-a-defective-out-of-warranty-iphone-in-australia/

      Have a read of those two, it will enlighten you.

    Samsung do this as well - they claim they won't replace a faulty product unless it has first been in for warranty repair 3 times. So I happily sent my phone back for repair 3 times, and it was only when Samsung rang me to find out how the repaired product was going that they agreed to replace it.

    Allphones do this with all of their phones as I understand it - if you come in with a faulty product you must send it away 3 times for repair before they will approach the manufacturer to have it replaced.

    Perhaps the ACCC could look at educating the whole industry, instead of just taking one player to court as a token message sending excercise.

    I've never had an issue with HP and their warranties. In fact I've had products out of warranty repaired and replaced by HP free of charge. Their customer and technical support teams have always been some of the best I've ever dealt with for consumer products. Their enterprise support isn't to shabby either, though post-sale support for Proliant systems could be a little better.

      Obviously a HP employee. Just search HP customer service or HP products faulty to see how they really treat customers!

    Taking court action creates General deterrence by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future. (http://goo.gl/09VJO)

    I have a very high opinion of the ACCC. Coming from a country where corporations are gods and consumers are rubbish, it's nice to see the tables turned and companies being held account for their dishonesty.

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