The ACCC is alleging that Fitbit misled consumers on warranty information after device malfunctions.
The news comes not long after Fitbit’s biggest product launch in years: the Google Pixel Watch, co-developed between Fitbit and parent company Google.
The ACCC has filed Federal Court proceedings against the company, but these proceedings are separate from action the ACCC took against Fitbit in 2018. Although both cases involve warranty information and services, they are separate.
“Fitbit has again come to the ACCC’s attention for allegedly misleading consumers about their consumer guarantee rights. 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,” said ACCC chair Gina Cass-Gottlieb.
“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.”
The ACCC is alleging that, between around May 2020 and February 2022, Fitbit made false or misleading representations to customers on warranty information and that customers would not receive a refund unless the product was returned within 45 days of purchase or shipment.
It’s also alleged that Fitbit conveyed to customers that they weren’t entitled to a second replacement device if the original device’s two-year ‘limited warranty period’ had expired.
These allegations include 58 examples from consumers who were allegedly misled by statements from Fitbit customer service representatives.
“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,” added Cass-Gottlieb.
A Fitbit spokesperson told Gizmodo Australia:
“Fitbit will be reviewing the ACCC’s allegations and does not have further comments to share at this time.”
The ACCC is seeking penalties, injections, a compliance program and other orders in this case. We’ll keep you updated as the case progresses.