Customers might want to check if they really bought an iPod product when shopping at the iPod World kiosk at North Point Mall and six other malls. The Governor's Office of Consumer Affairs reported those kiosks sold look-a-like products to the iPod Nano and Shuffle without telling customers the products were not manufactured by Apple.
The agency entered into a settlement with Shay Zvi Lahav, individually, and his companies, Easy Sale 4U LLC. d/b/a iPod World and Accessories 2000 L.L.C., over allegations that they passed off counterfeit merchandise as Apple products.
The look-a-likes were sold at kiosks in Lenox Mall, Cumberland Mall, North Point Mall, Town Center Mall, Mall of Georgia, Macon Mall and Hamilton Place Mall in Chattanooga, Tenn. Additionally, the counterfeit products were advertised and distributed via the company's Web site, www.accessories2000.com.
After receiving a tip Nov. 28, 2007 the state agency sent undercover investigators to visit the "iPod World" kiosks to determine if the allegations could be substantiated. Investigators found that the kiosks offered several different items, ranging from FM transmitters to MP3 docking stations with speakers. Although none of the items for sale were authentic Apple products, the appearance, design, packaging, function and pricing of many of the items were virtually identical to those of genuine Apple products, specifically Apple's iPod Shuffle and Nano and their associated accessories.
Adding to the allegedly misleading tactics, the salesmen failed to correct customers when they referred to products by their Apple names. One salesman demonstrated the features of an FM transmitter by using a genuine Apple iPod Nano. Furthermore, the receipt given to the undercover investigator following his purchase of the fake iPod referred to the product as a "Shffle," just one letter off from the actual Apple product name.
Immediately following the undercover investigation, the Office of Consumer Affairs put kiosk owner Shay Zvi Lahav on notice of alleged violations of the Fair Business Practices Act. On Jan. 7, Lahav entered into an Assurance of Voluntary Compliance with OCA, in which he agreed to refrain from using the terms "iPod" and "iPod World" in his companies' signs and Web sites; to refrain from selling any products whose appearance, functionality and packaging are virtually identical to those of Apple products without posting clear, conspicuous disclaimers asserting that the products sold are not Apple products and that the companies have no affiliation with Apple; pay $20,000 to OCA for investigative and administrative fees; and offer full restitution to affected customers.
Customers who have purchased products from iPod World, Easy Sale 4U, L.L.C. or Accessories 2000, L.L.C. can get a full refund by returning products to either the place of purchase or to 4264 Winters Chapel Road, Building A, Suite B, Atlanta, GA 30360, along with a sales receipt or proof of payment (e.g. cancelled check or credit card statement). Refunds will be offered through Feb. 5 only.
For more information, contact the Governor's Office of Consumer Affairs at 404-651-8600.
Labels: Apple, Fake, IPOD, Nano, North Fulton, North Point Mall, Shuffle
# posted by
Brian Vanderhoff @ 7:39 AM
