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ACCC Takes Fitbit To Court

The ACCC has brought Federal Court proceedings against Fitbit for allegedly misleading customers about their consumer rights after their wearables malfunctioned.

The ACCC claims that between May 2020 and February 2022, Fitbit “made false or misleading representations to consumers claiming they would not be entitled to a refund unless they returned a faulty product within 45 days of purchase or shipment.”

In addition, Fitbit told consumers supplied with a faulty device as a replacement for an original faulty device, that they were “not entitled to a second replacement device” if Fitbit’s two-year ‘limited warranty period’ for the original device had expired.

“Fitbit has again come to the ACCC’s attention for allegedly misleading consumers about their consumer guarantee rights,” ACCC Chair Gina Cass-Gottlieb said.

“We are taking this case against Fitbit because we consider the alleged conduct is serious and that manufacturers should have processes in place that ensure compliance with the Australian Consumer Law.

“Under the Australian Consumer Law, products must be of acceptable quality, and retailers must provide a remedy for faulty goods which include a repair, replacement or refund, depending on the circumstances.

“All consumers have these automatic consumer guarantee rights that cannot be excluded, restricted or modified. The consumer guarantee rights exist in addition to any warranties offered by manufacturers.”

The ACCC have mounted 58 examples of consumers who were misled by Fitbit’s customer service upon complaining about faulty devices.

In one example, a customer service representative told a consumer to be eligible for a refund, the device needs to be returned within 45 days upon shipment of the device, and purchased directly from Fitbit online web store.

Neither of these ‘requirements’ fall under Australian Consumer Law, which doesn’t impose a 45-day refund period, nor do consumer rights, in respect of faulty replacement goods, depend on when the original product was purchased.

The ACCC is seeking penalties, injunctions, a compliance program and other orders.



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