Why Fitbit is being sued in Australia for the second time – as the fitness giant is sued again for ‘misleading customers’
Refunds were provided if a defective Fitbit was returned within 45 days of purchase
Customers were not eligible for a second replacement if the warranty period had expired
Fitbit faced federal court in 2018 after violating similar warranty laws
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Electronic fitness company Fitbit has been hit by a federal court lawsuit for allegedly misleading customers about their warranty rights.
It is alleged that the US-based company told customers between May 2020 and February 2022 that they are not eligible for a refund unless they return a defective product within 45 days of purchase.
The Australian Competition and Consumer Commission also says Google-owned Fitbit told customers who received a replacement device they would not be eligible for a second one if their original two-year “limited warranty” period had expired.
Australian competition watchdog is suing Google’s fitness tracker giant Fitbit for allegedly refusing to issue refunds or replace faulty devices (STOCK IMAGE)
It’s not the first time the ACCC has targeted Fitbit, the fitness brand received a court-enforceable pledge in 2018 after breaking similar laws through statements they made about warranties for defective products.
Their latest case has 58 examples of customers who have allegedly been misled by Fitbit’s customer service representatives seeking help for defective products.
ACCC Chair Gina Cass-Gottlieb said Fitbit’s alleged behavior was serious and not in accordance with Australian consumer law.
“Products must be of acceptable quality and retailers must provide solutions for defective goods, including a repair, replacement or refund, depending on the circumstances,” she said.
“All consumers have these automatic consumer warranty rights which cannot be excluded, limited or modified…the consumer warranty rights coexist with any warranties provided by manufacturers.”
Australian Competition and Consumer Commission chair Gina Cass-Gottlieb (pictured) said Fitbit’s alleged conduct was serious and did not comply with Australian consumer law
Australian consumer law does not impose a 45-day limit on refunds, and consumer rights to defective replacement products do not depend on when the original product was purchased.
The ACCC says it is seeking judicial outcomes, including fines, bans and a compliance program.
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