The Australian Competition and Consumer Commission (ACCC) has begun court proceedings against Fitbit LLC for allegedly making false or misleading claims to consumers about their guarantee rights on faulty devices.
The ACCC said the case includes 58 examples of consumers who were allegedly misled by Fitbit when they complained about faulty devices. Fitbit claimed consumers will not be entitled to a refund unless they returned a faulty product within 45 days of purchase or shipment.
The regulator said Australian Consumer Law does not impose a 45-day refund period, nor do consumer rights in respect of faulty replacement goods depending on when the original product was purchased.
Fitbit also told consumers that once they received a replacement device for an originally faulty product, they were not entitled to a second replacement if Fitbit's two-year ‘limited warranty period’ for the original device had expired.
ACCC Chair Gina Cass-Gottlieb said, “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.”
