Australian Consumer Regulator Sues Apple Over 'Error 53' iPhone Shutdowns

iPhone 6 Touch IDThe Australian Competition and Consumer Commission (ACCC) has filed a lawsuit against Apple alleging that it violated Australian consumer law when a software update it issued last year bricked some users' iPhones.

The lawsuit relates to the infamous "error 53" message reported back in February 2016 that began greeting some users after they updated their devices. It later emerged that the devices bricked by the message had been repaired by third-party technicians.

Apple initially said the message was a protective security feature designed to protect consumers' devices from the installation of fraudulent Touch ID components, but later admitted the error was a mistake and apologized for it, offering instructions online explaining how to fix affected devices.

The Australian regulator that filed the federal lawsuit is seeking financial penalties from Apple. Penalties of up to A$1.1million ($829,000) per breach could be assessed, according to The Wall Street Journal, but it would be up to the court to define how many breaches occurred. Apple has yet to respond to request for comment.

Rod Sims, chairman of the ACCC, said the lawsuit challenges Apple's entire policy of requiring customers to pay for repairs to defective components if their device was previously serviced by a third party.

"It's fair to say we haven't observed similar behavior by other manufacturers," Mr. Sims said in an interview, adding that it is often cheaper for customers to seek repairs from third-party shops. "Apple seems to have a particular way of doing things."

Australian Consumer Law requires that when a product is purchased, there's a guarantee that it will be "reasonably fit" for its intended purpose. As the ACCC sees it, the error 53 message rendered customers' iPhones and iPads unusable, therefore they should be entitled to a remedy from Apple under the law.

Apple faced a class action lawsuit in the U.S. over the error message last year, after some users accused it of false advertising and complained of data loss. Apple reimbursed the affected customers with working devices, and the company's motion to dismiss the case was successful after a district judge ruled that plaintiffs lacked evidence to back up their claims.

Popular Stories

New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Monday December 16, 2024 8:55 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
iPhone 17 Slim Feature Single Camera 2 Redux

Top 5 Apple Products to Look Forward to in 2025

Friday December 20, 2024 2:22 pm PST by
It's looking like 2025 is going to be an important year for Apple, with the company planning to revamp the iPhone, push further into smart home products, and improve Apple Intelligence. There are tons of new products rumored for 2025, including new iPhones, M4 Macs, a smart home command center, and much more. We've highlighted the top five Apple products that will have the biggest impact in...
iphone 16 apple intelligence

Apple Drops Plans for iPhone Hardware Subscription Service

Wednesday December 18, 2024 11:39 am PST by
Apple is no longer planning to launch a hardware subscription service that would let customers "subscribe" to get a new iPhone each year, reports Bloomberg's Mark Gurman. Gurman first shared rumors about Apple's work on a hardware subscription service back in 2022, and at the time, he said that Apple wanted to develop a simple system that would allow customers to pay a monthly fee to gain...
mac pro creativity

Apple Launched the Controversial 'Trashcan' Mac Pro 11 Years Ago Today

Thursday December 19, 2024 7:00 pm PST by
Apple launched the controversial "trashcan" Mac Pro eleven years ago today, introducing one of its most criticized designs that persisted through a period of widespread discontentment with the Mac lineup. The redesign took the Mac Pro in an entirely new direction, spearheaded by a polished aluminum cylindrical design that became unofficially dubbed the "trashcan" in the Mac community. All of ...
blackmagic vision pro

Blackmagic Debuts $30K 3D Camera for Capturing Video for Vision Pro

Monday December 16, 2024 4:17 pm PST by
Blackmagic today announced that its URSA Cine Immersive camera is now available for pre-order, with deliveries set to start late in the first quarter of 2025. Blackmagic says that this is the world's first commercial camera system designed to capture 3D content for the Vision Pro. The URSA Cine Immersive camera was first introduced in June, but it has not been available for purchase until...
apple tv 4k yellow bg feature

New Apple TV Rumored to Launch Next Year With These Features

Tuesday December 17, 2024 9:02 am PST by
The current Apple TV 4K was released more than two years ago, so the streaming device is becoming due for a hardware upgrade soon. Fortunately, it was recently rumored that a new Apple TV will launch at some point next year. Below, we recap rumors about the next-generation Apple TV. Bloomberg's Mark Gurman last week reported that Apple has been working on its own combined Wi-Fi and...
iPhone 17 Pro Dual Tone Feature 1

iPhone 17 Pro Rumored to Stick With 'Triangular' Camera Design

Wednesday December 18, 2024 2:36 am PST by
Contrary to recent reports, the iPhone 17 Pro will not feature a horizontal camera layout, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker said that a source has confirmed that while the appearance of the back of the iPhone 17 Pro has indeed changed, the layout of the three cameras is "still triangular," rather than the "horizontal bar spread on the...
elevation lab airtag battery

Your AirTag's Battery Will Last for Up to 10 Years With Elevation Lab's New TimeCapsule Enclosure

Wednesday December 18, 2024 10:05 am PST by
Elevation Lab today announced the launch of TimeCapsule, an innovative and simple solution for increasing the battery life of Apple's AirTag. Priced at $20, TimeCapsule is an AirTag enclosure that houses two AA batteries that offer 14x more battery capacity than the CR2032 battery that the AirTag runs on. It works by attaching the AirTag's upper housing to the built-in custom contact in the...

Top Rated Comments

WarDialer Avatar
101 months ago
The problem happened when people got their phone fixed by a third-party, not Apple, and a software check detected the third-party part and was rightfully suspicious since the phone hardware and its fingerprint sensor (used for Apple Pay e.g. access to your bank account) was not an expected part/ID/config whatever.

QUICK SUE THE BIGGEST COMPANY ON THE PLANET FOR TRYING TO BE CAUTIOUS, they can afford it right?

Apple is *the* most sued company on earth. Good job Australia, all other problems must be solved in your country to be suing Apple over a SOFTWARE doodad that was fixed to make people stop bitching their hacked up phones were popping a dialog.
Score: 24 Votes (Like | Disagree)
fermat-au Avatar
101 months ago
I am proud to live in a country that will stand up for consumers against the largest corporations on Earth.
Score: 17 Votes (Like | Disagree)
Brian Y Avatar
101 months ago
I am proud to live in a country that will stand up for consumers against the largest corporations on Earth.
Here in the UK we have some of the best consumer protection laws on the planet - but I'm sorry, I'm partly with Apple on this one.

Killing the phones completely was probably a mistake (I'm going to hazard a guess that they forgot to remove a check in an iOS build and accidentally bricked them) - but I do not want third party fingerprint sensors to work. This makes the whole thing far less secure.
Score: 17 Votes (Like | Disagree)
Defender2010 Avatar
101 months ago
I side with Apple. If you use 3rd party you may as well fix it yourself. You reap what you sow.
Score: 10 Votes (Like | Disagree)
WatchFromAfar Avatar
101 months ago
Good job Australia, all other problems must be solved in your country to be suing Apple over a SOFTWARE doodad that was fixed to make people stop bitching their hacked up phones were popping a dialog.
While you make good points I have to feel you're being a little disingenuous. There is a world of difference between "popping a dialog" and leaving you with a non-functional device which you have not only paid for originally but also paid again to have it repaired.
Score: 6 Votes (Like | Disagree)
fermat-au Avatar
101 months ago
Or maybe not so much for customers but rather filling up the pockets of lawyers and bunch of other people. Silly, lol.
The ACCC is an independent authority of the Australian government. This is not about making money for lawyers. This is about protecting the rights of consumer.
Score: 4 Votes (Like | Disagree)