• Tue. Jan 31st, 2023

Fitbit is being sued in Australia for deceiving customers about malfunctioning devices

Oct 24, 2022

The ACCC, which is pursuing penalties and injunctions, claims 58 consumers were misled by Fitbit when they complained about malfunctioning devices.

According to the Australian Competition and Consumer Commission, Fitbit LLC has launched court proceedings for allegedly making false or misleading promises to consumers about their guarantee rights on malfunctioning devices.

According to the Australian Competition and Consumer Commission (ACCC), Fitbit claimed that between May 2020 and February 2022, users would not be entitled to a refund unless they returned a malfunctioning product within 45 days of purchase or shipment, which is contrary to Australian Consumer Law.

“Every consumer has… automatic consumer guarantee rights that cannot be excluded, limited, or modified.” “Consumer guarantee rights exist in addition to any manufacturer guarantees,” stated ACCC Chair Gina Cass-Gottlieb.

According to the commission, Australian Consumer Law does not require a 45-day refund term, nor do consumer rights in relation to faulty replacement goods depend on when the original product was acquired.

Furthermore, Fitbit informed customers that if they obtained a replacement device for an initially faulty product, they were not entitled to a second replacement if Fitbit’s two-year “limited warranty period” for the first device had passed, according to the ACCC.

The Google-owned corporation did not immediately respond to a request for comment from Reuters.

The ACCC, which is pursuing penalties and injunctions, claims 58 consumers were mislead by Fitbit when they complained about malfunctioning devices.