Sydney, Oct 24 (BUS): The Australian competition regulator has launched legal action against Fitbit LLC for allegedly making false or misleading claims to consumers about their warranty rights on defective devices.
Between May 2020 and February 2022, the Australian Competition and Consumer Commission (ACCC) said Fitbit had claimed consumers would be entitled to a refund only if they returned a defective product within 45 days of purchase or shipment, which is inconsistent with the Australian consumer. Lau, as reported by Reuters
“All consumers have … automatic consumer warranty rights that cannot be excluded, limited or modified. Consumer warranty rights exist in addition to any warranties made by manufacturers,” said Gina Kass-Gottlib, Chair of the Competition and Consumer Protection Commission.
The regulator said Australian consumer law does not impose a 45-day refund period, and consumer rights in relation to faulty replacement goods do not depend on when the original product was purchased.
Additionally, Fitbit told consumers that once they have obtained a replacement device for an originally defective product, they are not entitled to a second replacement if Fitbit’s two-year “limited warranty period” for the original device has expired, the ACCC alleged.
The Google-owned company did not immediately respond to a Reuters request for comment.
The Anti-Corruption Commission, which is seeking sanctions and warnings, said its case involves 58 models of consumers who were allegedly misled by Fitbit when they complained about faulty hardware.
SM