Google-owned Fitbit sued by Australian competition regulator for misleading consumers
Australian Competition and Consumer Commission (ACCC) on Monday began court proceedings against Fitbit LLC, a Google-owned consumer electronics and fitness company for not complying with the country’s consumer laws.
According to the competition regulator, Fitbit did not act in accordance with Australian Consumer Law when between May 2020 and February 2022 it said consumers were not entitled to a refund unless they returned the product within 45 days of shipment of the purchase.
Moreover, Fitbit informed consumers that they weren’t eligible for second device if they had availed a replacement device earlier and the original two-year ‘limited warranty period’ of the device had expired.
“All consumers have automatic consumer guarantee rights that cannot be excluded, restricted or modified. The consumer guarantee rights exist in addition to any warranties offered by manufacturers,” said Gina Cass-Gottlieb, chairman of ACCC.
“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,” she added.
Notably, under Australian Consumer law consumers are not bound by an arbitrary 45-days window to return the product to be liable for a refund.
However, this is not the first time that Fitbit has found itself entangled in a legal controversy. In 2018, the company was given a federal court-enforceable undertaking in 2018 after breaking similar laws.
Through the federal court action ACCC is attempting to impose penalties on Fitbit for repeat offence and bring it under a compliance programme.
(With inputs from agencies)
