Technology giant Apple has filed for judicial review against the Autorité des marchés financiers (AMF), the body responsible for overseeing Quebec’s financial sector and providing assistance to consumers of financial products and services.
On March 10, the AMF initiated an “investigation” into Apple and AppleCare +, its extended warranty program.
Note that the Quebec Court of Appeal confirmed last March the authorization of a class action against the American multinational, as reported by Droit-inc. This class action concerns iPhone battery life and the AppleCare program.
Apple believes that the AMF is not empowered to investigate its activities. She claims that the AppleCare service does not constitute “an insurance contract within the meaning of the Act respecting insurers and the Civil Code of Quebec”, indicates the court request.
“(…), neither the AMF nor the Mises-en-en-cause (the AMF investigators) have the power to open investigations, issue subpoenas and request the communication of documents to any person relating to matters that do not fall under the jurisdiction of the AMF under the Financial Sector Regulation Act. “
Apple therefore hopes that the Superior Court will declare that the two summons issued by the Autorité des marchés financiers in March and May are “null, irregular and void”.
The company also hopes that the courts will declare that the AMF “does not have the statutory authority required to carry out an inspection of AppleCare +”.
In the context of this dispute, the multinational is represented by Mes Eric Vallières and Joséane Christian, from McMillan. Reached by Droit-inc, they had not responded to our interview request at the time of this writing.
Joined by Droit-inc, the director of media relations and public affairs of the AMF, Sylvain Théberge, has confirmed to us that this request will be contested.
“We are indeed studying this request and intend to challenge it,” he told us, without making any further comments.