THE consumer watchdog is taking a bite out of Apple for refusing to repair “bricked” devices previously touched by a third-party repairer.

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Melbourne against Apple, alleging the company made false, misleading, or deceptive representations about consumers’ rights under the Australian Consumer Law.

It comes after an investigation into reports relating to “error 53”, which disabled some iPads or iPhones after consumers downloaded an iOS update. The ACCC said many consumers who experienced error 53 had previously had their Apple device repaired by a third party, usually replacing a cracked screen.

The error occurred due to a change in the connection between the “Touch ID” fingerprint recognition and other components of the device.

The watchdog found that Apple routinely refused to look at or service the faulty devices if a consumer had previously used an “unauthorised repairer”, even though the earlier repair was unrelated to the fault.

An Apple support web page, titled ‘If you see error 53 or can’t update or restore your iPhone or iPad’, told consumers: “If the screen on your iPhone or iPad was replaced at an Apple Service Centre, Apple Store, or Apple Authorized Service Provider, contact Apple Support.

“If the screen or any other part on your iPhone or iPad was replaced somewhere else, contact Apple Support about pricing information for out-of-warranty repairs.”

Under the ACL, consumers are entitled to certain free remedies if products do not comply with “consumer guarantees” around quality and suitability.

“Consumer guarantee rights under the Australian Consumer Law exist independently of any manufacturer’s warranty and are not extinguished simply because a consumer has goods repaired by a third party,“ ACCC Chairman Rod Sims said in a statement.

“Denying a consumer their consumer guarantee rights simply because they had chosen a third-party repairer not only impacts those consumers but can dissuade other customers from making informed choices about their repair options including where they may be offered at lower cost than the manufacturer.

“As consumer goods become increasingly complex, businesses also need to remember that consumer rights extend to any software or software updates loaded onto those goods. Faults with software or software updates may entitle consumers to a free remedy under the Australian Consumer Law.”

It’s not the first time Apple has been in trouble with the ACCC. In 2013, the company accepted a court-enforceable undertaking to improve its compliance with Australian law relating to its consumer guarantees.

The ACCC is seeking penalties of up to $1.1 million per breach, injunctions, declarations, compliance program orders, corrective notices, and costs.

Apple has been contacted for comment.

frank.chung@news.com.au