A former Apple employee has been sentenced to three years in prison and ordered to repay over $19 million for stealing $17 million from the tech giant through mail and wire fraud schemes. What happened is this: Call Apple to register a claim Code 1770(a)(5). 9.2 Are there any proposed reforms to consumer law or policy within the next 12 months? for Apple products and services. In Colorado, a new provision of ColoPA will give consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data starting July 1, 2023. 1770(a)(7). Manufacturers, suppliers, or publishers, other than Apple, may provide their own warranties to you please contact them for further information. Recently submitted information and repair service warranty coverage may not be reflected in theSystemrecords. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. Before receiving warranty service, Apple or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Apple's procedures for obtaining warranty service. 'fj)xX]rj{^= ,0JW&Gm[?jAq|(_MiW7m}"])#g_Nl/7m_l5^C{>?qD~)mwaT9w18Grnu_2H#vV8f4ChcQ;B&[\iTOU!D LJhCMP09C+ppaU>7"=]d3@6TS k pttI"*i$wGR,4oKGEwK+MGD*S9V( si;wLMzY%(+r j?{XC{wl'*qS6Y{tw/krVo??AzsN&j&morwrn;}vhvy7o2 V2? Tex. See, e.g., UCC 2-316 (relating to the exclusion or modification of warranties). "Very informative" -- Kenly Xavier. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800 . The respondent may then file a petition for review with any U.S. Court of Appeals within whose jurisdiction the respondent resides or carries on business or where the challenged practice was used. Apple may install system software updates as part of warranty service that will prevent the Apple Product from reverting to an earlier version of the system software. The device purchased on June 2015 from Apple. Individual consumers may also bring state common law claims, such as for negligence, fraud, or product liability. In Virginia, the CDPA applies to persons that conduct business in Virginia or offer products or services targeted to residents in Virginia and: (1) control or process the data of at least 100,000 consumers; or (2) control or process the personal data of at least 25,000 consumers and derive more than 50% of their revenue from the sale of personal data. Additionally, the FTC announced in December 2022 that it is seeking public comment on potential updates to the Green Guides, signaling increasing protections for consumers in this arena moving forward. The entities governed vary by statute. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. Please also note that the information in the System does not reflect anyother additional programs that may extend Apple's coverage, like those described on theExchange and Repair Extension Programs page. Even worse, Peloton shipped several recalled products to consumers after announcing the recall. If a matter is still not resolved, the FTC has the option of filing a complaint in an administrative forum before an administrative law judge (ALJ) or directly in the federal district court. Describe the key steps in a typical investigation. Furthermore, if the seller had reason to know the buyer was acquiring the goods for a particular purpose, the goods must be fit for that purpose. The problem can be any manufacturing or design defect, provided the problem was not caused by user neglect or intentional misconduct. US Customs and Border . Apple Media Services Terms and Conditions, Guidelines for Using Apple Trademarks and Copyrights, Prolongacin Paseo de la Reforma #600, Suite 132, Colonia Pea Blanca, Santa F, Delegacin lvaro Obregn, Mxico D. F., CP 01210, Mexico. However, it is important to note that the state laws exist in addition to Federal laws and frequently provide consumers with further protections and benefits. For information about service for discontinued products, please click here. HH4401-6 ,The Offices at Central World, 999/9 Rama 1 Road, Pathumwan, Pathumwan, Bangkok, 10330, Thailand. Apple said Thursday that it had reached a legal settlement with app developers who accused it of abusing its control of the mobile-app market. Below is what. and id. Apple may restrict warranty service for hardware products to the country where Apple or its Authorized Distributors originally sold the device. Apple 1 year limited warranty1, AppleCare Protection Plan, and AppleCare+ benefits are in addition to rights provided by consumer law. Apple customers who purchased certain previous iPhone models can now submit claims for about $25 per phone as part of the company's settlement of a class action lawsuit that accused it of slowing. For details click here . xKGr) ]c .`;#JV~GfF"F6xfedmBF{-ym7i}g/b}hjnWow8Y"av4J?wm_5_/xq The DOJ reached a plea deal with Kelloggs for $19.2 million, which if accepted, will amount to the largest-ever penalty resulting from a criminal conviction in a food safety case. They play an important role in a reliable market. 6.3 Describe any complaints procedure for (i) consumers, and (ii) businesses. See, e.g., Williams v. Gerber Prods. The FTC Act does not apply to banks, savings and loan institutions, federal credit unions, common carriers, or non-profit entities, among others. You may be asked to provide a copy of these if there is any question as to your product's eligibility for service coverage under the warranty or AppleCare service contract. Policies and termsthatgovern Apple onlineservices, including Apple Media Services, iCloud, and our Privacy Policy. Illinois enacted the Biometric Information Privacy Act (BIPA), which institutes collection, use and sharing limits for companies that handle the biometric information of Illinois residents. Find legal information and resources Your warranty is the same whether or not you register. An application for stay must state the reasons a stay is warranted and the facts relied upon, and must include supporting affidavits or other sworn statements, and a copy of the relevant portions of the record. Document your products condition before handing it over to Apple. EC and US regulators have a series of ongoing investigations into Apple's App Store including more widely considering whether the 30% commission it charges for in-app purchases is fair. See, e.g., id. If it has been between fourteen and thirty days since you purchased your product, you should still try to demand brand new replacement in lieu of repair. 6.6 Can investigations be resolved by way of commitments or undertakings? Depending on when or whether you registered your product, if you purchased it from an Apple authorized reseller or AppleStore, the estimated purchase date may be incorrect. See FTC Rule of Practice 3.53. In addition to the evolving federal regulatory scheme, most states have one or more consumer protection statutes that prohibit unfair and deceptive business practices within their borders. If you fail to return the replaced Apple Product or part as instructed or return a replaced Apple Product or part that is ineligible for service, Apple will charge your credit card for the authorized amount. 83.1 et seq. Federal laws protect you. Powerful examples of state privacy legislation are the Illinois Biometric Information Privacy Act (BIPA), and the California Consumer Privacy Act (CCPA). Usually, the FTC does not have the authority to seek criminal penalties. In spite of Apples best efforts, some Apple products manifest chronic problems theyre lemons. What follows is a guide, which details some of your options should you get stuck with a lemon. Civil Code 1798.150(a)(1). Therefore, if you find yourself on a third or fourth repair attempt, you may wish to demand a full refund of the original purchase price because any equivalent replacement model might be worth far less than what you originally paid (i.e. The USDA sets quality standards for various agricultural products including meat, eggs, fruits, and vegetables. 7.5 Describe the relevant rules and procedures that must be followed by such bodies (e.g., administrative, judicial). Individual consumers must have standing to enforce violations of these laws. The Apple Support Communities are a user-to-user platform within which you can try to obtain support with issues of a technical nature. HH4401-6, and HH4408-9, 999/9 Rama 1 Road, Pathumwan Sub-district, Pathumwan District, Bangkok 10330 Thailand, VietnamApple Vietnam Limited Liability CompanyUnit 901, Deutsches Haus Ho Chi Minh City. Where the Commission has determined in a litigated administrative adjudicatory proceeding that a practice is unfair or deceptive and has issued a final cease-and-desist order, the Commission may obtain civil penalties from non-respondents who thereafter violate the standards articulated by the Commission. Box 54995, Riyadh 11524, Kingdom of Saudi Arabia, bld. Due to the growing concern over corporate abuse of consumer data, states are increasingly enacting data privacy regulations. File Safe Web Act (194.69 KB) http://uscode.house.gov/view.xhtml Press Release The Magnuson-Moss Warranty Act gives you - the consumer - an absolute right to satisfactory warranty repair. Keep your sales receipt and proof of coverage in a safe place As indicated above, if a breach of the protections in relation to the quality or function of goods involves a product defect or risk of a safety hazard to consumers, then various federal and state agencies may have the authority to initiate proceedings for the breach. If you damaged your product, then be more careful next time. If Apple determines that your Apple Product is eligible for mail-in service, Apple will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Apple product, so that you may ship your Apple Product to an ARS or AASP location. If US law enforcement succeeds in forcing Apple to break its own encryption, it would create a repeatable . WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW About the purchase date or expiration date for your AppleCare agreement, Check if you already have an AppleCare plan or are eligible to buy one, Learn more about AppleCare service contracts, Learn more about complimentary technical support, Findmanuals, downloads, troubleshooting advice, and more at. . Apple or its successor in title is the warrantor under this Warranty. For example, in January of 2023, the California Attorney General announced an investigative sweep of popular mobile apps in the retail, travel, and food service industries, uncovering many which were out of compliance with the CCPA for allegedly failing to honor consumers requests to opt out of the sale of their personal data. 15 USC 45(m)(1)(B). See 16 CFR 2.7. Fraud will continue to be a top priority for federal and state regulators. It is important that you are polite and coherent during any communications with Apple. Our 2 year guarantee goes further than most and we include it free of charge with every new Mac, iPad, iPhone & Apple Watch, HomePod or AirPods purchased from iStore. Investigations may be triggered in various ways through consumer complaints, information provided by an internal whistleblower, press articles, Congressional referrals, social media posts, or the initiative of a Commission employee. For example, the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) imposes a standard of strict liability on businesses, and contains an exemption for media entities that publish deceptive advertisements in good faith and without knowledge of the deception. Otherwise, consumers enforcing state law consumer protection claims may appeal through standard civil processes. Information on a variety of additional legal topics, and contact details for any additional questions. The laws also exempt entities that are subject to certain federal laws described above, such as HIPAA, the GLB Act and the FCRA. ICLG.com > I called Apple again, this time I asked for my rights derived fromConsumer Law warranty (that is not necessarily what's in a producer warranty), and since Apple Online Store is the seller, Apple Online Store is the guarantor here and have to handle my claim. %PDF-1.3 The iStore guarantee gives you 2 years warranty cover from the purchase date of your device. -- Harshita Arora. ; Markham, Ontario, Canada; L3R 5G2 Canada, Bykdere Caddesi, No:199, Levent 199, Kat: 22 ve 23,34394ili, Mecidiyeky, stanbu, PO BOSX A2629, Sydney South, NSW 1235, Australia Tel: 133 622, 44th Floor, Room No. For automatic appeals, the Commission places the appeal on its docket and defines the issues to be briefed by the parties. The $2.25 million settlement re-distributed monies to aggrieved consumers and provided for removal of the challenged mineral-based claims. Consumers will also have the right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or in certain other contexts. In December 2022, Arizona Proposition 209, which significantly increases exemptions for medical debt, went into effect. Service will be performed at the location, or Apple Retail or an AASP may send your Apple Product to an Apple Repair Service (ARS) location to be serviced. Auto-renewal of contracts is a mutually convenient solution for gaming companies and consumers alike. Not all AppleCare plans are available in all countries or regions. Daily round-ups or a weekly refresher, straight from Cult of Mac to your inbox. Before submitting your Apple Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords. To accomplish this, the Commission must show that the violator had actual knowledge that such act or practice is unfair or deceptive and is unlawful under Section 5(a)(1) of the FTC Act. Is the payment of a price for these goods/services always required for their enforceability? Fed. Id. In re: Procter & Gamble Aerosol Products Marketing & Sales Practices Litigation, No. Copyright EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE APPLE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE APPLE PRODUCT. Important: Do not open the Apple Product. at 339. Violations of FDA or USDA regulations may also result in criminal or civil penalties. The final approval hearing is set for May 30, 2023. (In re: Tobacco II Cases, 46 Cal. The FTCs choice of administrative or federal court largely depends on the types of remedies it is seeking. All you need to know is that Apple must fix your products problem. Many state data privacy laws are still emerging. For example, misleading and deceptive Conduct, unconscionable Conduct, etc. In January 2022, the FTC reached a $4.2 million settlement agreement with Fashion Nova, LLC, an online fashion retailer. To date, these state data protection regimes exempt employee and business-to-business commercial information. You will get a brand new product and you will save time because you will not have to wait for the repair. 3501. Photo by Robert Michael/picture alliance via Getty Images. Apple reserves the right to change the method by which Apple may provide warranty service to you, and your Apple Products eligibility to receive a particular method of service. If during the Warranty Period you submit a claim to Apple or an AASP in accordance with this warranty, Apple will, at its option: (i) repair the Apple Product using new or previously used Apple genuine parts that have been tested and passed Apple functional requirements, (ii) replace the Apple Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements, or. Further, in proper cases, the Commission may seek, and the court may grant, a permanent injunction. Violations of administrative consent orders subject defendants to civil penalties. As described above in section 1, there is no private right of action under the FTC Act, and such actions can only be brought by the agency. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and. APPLE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. Under the Texas Deceptive Trade Practices and Consumer Protection Act (DTPA), the definition of consumer includes an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services. Apple warrants the Apple-branded hardware product and accessories contained in the original packaging (Apple Product) against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser ("Warranty Period"). If you think you have a valid consumer law claim, please contact us. 3d 559, 575 (2009). 2-315. You may return your Apple Product to an Apple Retail or AASP location offering carry-in service. Upon conclusion of the hearing, the ALJ issues an initial decision, setting forth his or her findings of fact and conclusions of law, and recommending either entry of an order to cease and desist or dismissal of the complaint. (b) Service where Apple does not require return of the replaced Apple Product or part. The measure, known as the My Health My Data Act, was introduced as part of a local legislative effort to protect abortion access after the US Supreme Court overturned Roe v. Wade last year. Part 210; 21 C.F.R. 1.2 What is the definition of consumer (i.e., who does consumer protection law protect)? Apple may use Apple Products or replacement parts for service that are sourced from a country that is different from the country from which the Apple Product or original parts were sourced. zS 2.6 Who has or which agencies have standing to initiate proceedings for a breach? (No. 1.4 Which agency/agencies is/are responsible for enforcing consumer protection law (i.e., who is the investigator and who is the adjudicator)? Online information with details on obtaining warranty service is provided below. Pelotons treadmills were entrapping users under their rear rollers, leading to injuries such as broken bones, lacerations, abrasions, and friction burns, as well as the death of a six-year-old child. Online marketplaces are broadly defined to include all consumer-directed platforms that (a) allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States, (b) are used by one or more third-party sellers for such purposes, and (c) have a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. It can bring an action administratively or in a federal district court. For example, California has three statutes prohibiting unfair or deceptive business practices: the CLRA, which streamlines class certification and provides for both legal and equitable relief, as well as the UCL and FAL, which limit available remedies to injunctive relief and restitution. Be prepared to argue a little if they do not waive it immediately. Hezi, et al. Code 17.45(4). Conn. Gen. Stat. For example, Rule 45 allows for subpoenas that can compel testimony, the production of documents, electronically stored information or other tangible items. Service will be limited to the options available in the country where service is requested. If you believe that the information is inaccurate, please update the information by contacting Apple using the appropriate link on this page. 333 & 335b. 227. Once you are notified that service is complete, you will retrieve the Apple Product from the Apple Retail or AASP location without delay unless Apple notifies you that the Apple Product will be sent directly to your location from the ARS location. Under the terms of the settlement, class members may claim reimbursements up to $250, and Celsius agreed to remove the challenged no preservatives label claim. Under President Biden, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been increasingly active in their consumer protection efforts. Apples limited warranty is in addition to your existing consumerlaw rights. Consumer groups have filed complaints with the FTC alleging unfair or deceptive practices with respect to, for example, Facebooks facial recognition practices, Instagram influencers failure to disclose that they were being paid for endorsements, and companies allegedly unfair practices with respect to scoring individuals for employment and other purposes. See FTCs Policy Statement on Deception (1983), [Hyperlink]; A practice is unfair if it causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. Health & Safety Code 109875 et seq. Shireen Clarkson 8.2 Can consumers or retailers/manufacturers appeal decisions made by the consumer authority/authorities or by a court? There are also numerous federal laws dealing with the safety of various agricultural products. The parties reached an $8 million settlement to resolve the allegations, under which class members can receive a monetary payment based on the number of products they purchased. In addition to the $1.5 million penalty, WW International and Kurbo must delete any data on children that was obtained illegally and destroy algorithms derived from that data. In addition, a manufacturer must report to the CPSC if it has three civil actions for death or grievous bodily injury within a 24-month period that involve the same product and result in a settlement or judgment for the plaintiff. Private actions typically have statutes of limitations, which vary depending on the specific claim. Apple warrants the Apple-branded hardware product and Apple-branded accessories contained in the original packaging (Apple Product) against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser ("Warranty Period"). New updates to state data privacy regimes also go into effect this year. In California, the Department of Consumer Affairs (DCA) has an internal division that is empowered to investigate consumer complaints and enforce state consumer protection laws. Once again, Duke University School of Nursing tied with other schools for the No. The standard conditions being 1. it's not the fault of the user like accidental damage, misuse, tampering 2. the device was originally sold in Australia and not a grey import like . Under the UCC, [t]he measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted. To aid companies in their marketing and advertising decisions in this arena, the FTC developed the Green Guides, which detail general principles that apply to environmental marketing claims, consumer interpretation of green advertising claims, and adequate substantiation and qualification of the same. At the federal level, agencies such as the FDA and USDA promulgate regulations regarding the quality and function of goods and services such as foods, drugs, and agriculture. Only Apple or an AASP shouldperform service on this Apple Product. For example, the Connecticut Unfair Trade Practices Act provides that [n]o person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. We generally covered phones for up to two years and macs for up to three years. 2084. 1. The California Consumer Privacy Act (CCPA) imposes a range of protective measures for consumers. Apple will maintain and use customer information in accordance with the Apple Customer Privacy Policy available at www.apple.com/legal/warranty/privacy. 7.3 Describe the enforcement powers/tools available to these bodies (civil, administrative, criminal). Our readers say: "Love what you do" -- Christi Cardenas. Apple technicians sometimes cause more harm than good. 748448Z. Show Who Wrote That Up For You?, Ep Dave . 2008). 4.6 What remedies are available for a breach of the protections/prohibitions relating to Conduct? Service will be performed at the location, or Apple Retail or an AASP may send your Apple Product to an Apple Repair Service (ARS) location to be serviced. 9.1 What are the recent enforcement trends in your jurisdiction? See FTC, FTC Takes Action Against Company Formerly Known as Weight Watchers For Illegally Collecting Kids Sensitive Health Data (2022), [Hyperlink] Payment of a price for goods or services is not always required for enforceability under state law. Under the Act, once Apple breaches its warranty, you the consumer may elect either replacement of your Mac or a full refund, without charge, in exchange for your defective Mac. Who has standing to bring these actions? The blend of federal, state, and local laws, regulations, guidelines, and ordinances covers a wide range of consumer products and services. The settlement of the lawsuit was complex, and. In FTC administrative enforcement actions, appeals from the ALJs initial decision to the full Commission are available to either FTCs complaint counsel or any respondent. Apple on Monday announced that it is now offering its Apple Card holders the option of saving their cash-back rewards in a 4.15% high-yield savings account with Goldman Sachs, along with other . See UCC 2-3132-315. 3 0 obj 16 CFR 2.10. If you have a legal question, contact an attorney.***. In 2021, prosecutors who partnered with the FTC obtained 30 convictions or guilty pleas in new or pending cases ([Hyperlink]. The law also increases wage garnishment protection to 90% of disposable wages or 60 times the highest minimum wage in the state, whichever is greater, and lowers interest on medical debt to a treasury yield benchmark or 3%, whichever is lower. Clarkson Law Firm, P.C. These powers include issuing subpoenas, taking depositions or causing them to be taken, compelling admissions, holding settlement conferences, making initial decisions, and holding parties in contempt if they fail to comply with the ALJs orders. In Trkiye, your device is covered by Apple's limited warranty for two years. In order to calculate the number of days that the warranty period is extended, Apple may require customers to submit theoriginal sales receipt of your product and repair service documentation. For details click here. The week's best Apple news, reviews and how-tos from Cult of Mac, every Saturday morning. Most states have adopted statutes that prohibit unfair or deceptive business and debt-collection practices. 7.2 Is/are the consumer protection authority/authorities bound by a time limit to commence proceedings on breaches? 15 U.S.C. In most states, only the Attorney General can issue penalties. 5481(6). As such, both public and private enforcement are expected to increase throughout the United States as data privacy laws evolve. At the state level, the UCC, which has been almost universally adopted, contains provisions relating to express and implied warranties. Plaintiffs can pursue damages and injunctive or declaratory relief. All goods and services sold to the American public for individual use are subject to state and federal laws which regulate their transparency, fitness for sale, and potential for fraud. According to the FTC, WW International and Kurbo marketed their weight loss app to children under 13 and collected their personal information without parental permission. Third party applications installed on the Apple Product may not be compatible or work with the Apple Product as a result of the system software update.
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