The ACCC is taking Apple to Court alleging that it has misled consumers by touting the new iPad has having '4G' capabilities. Exactly as iTWire predicted when the product was announced.

The ACCC says it will make an application to the Federal Court in Melbourne tomorrow, 28 March at 9:30am for orders against Apple Pty Limited and Apple Inc for alleged contraventions of the Australian Consumer Law (ACL).

The ACCC will allege that Apple's recent promotion of the new "iPad with WiFi + 4G" was 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. It is seeking urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device and final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.

"Consumers who have purchased or are considering purchasing an 'iPad with WiFi + 4G' should ensure that they have a proper understanding of the mobile data networks which this iPad can directly access by a SIM card," the ACCC said.

Apple can't say that it was not warned. On 8 March when Apple Australia issued a press release announcing the new iPad and promotions for the new iPad first appeared on the Apple Australia web site, iTWire emailed Apple Australia's PR saying:

"I have just seen the Apple email promoting the new iPad and it is seriously misleading. It talks about '4G' in numerous places and it shows a Telstra logo, yet there is nothing to say that it won't work on Telstra's 4G (i.e. LTE network). You have to know that Telstra LTE operates at 1800MHz, read the spec and see that the iPad does not support 1800MHz LTE to work that out. I would not be surprised if the ACCC goes after you for this."

We never received a reply.