Fitbit Sued by Australia’s Regulator for Allegedly Making False Claims on Faulty Devices

Australia’s competitors regulator has begun courtroom proceedings towards Fitbit for allegedly making false or deceptive claims to shoppers about their assure rights on defective gadgets, it stated on Monday.

The Australian Competitors and Shopper Fee (ACCC) stated between Could 2020 and February 2022, Fitbit claimed shoppers is not going to be entitled to a refund until they returned a defective product inside 45 days of buy or cargo, which is in not in accordance with Australian Shopper Legislation.

“All shoppers have… computerized client assure rights that can’t be excluded, restricted or modified. The buyer assure rights exist along with any warranties provided by producers,” stated ACCC Chair Gina Cass-Gottlieb.

The regulator stated Australian Shopper Legislation doesn’t impose a 45-day refund interval, nor do client rights in respect of defective alternative items rely on when the unique product was bought.

Moreover, Fitbit informed shoppers that when they acquired a alternative gadget for an initially defective product, they weren’t entitled to a second alternative if Fitbit’s two-year ‘restricted guarantee interval’ for the unique gadget had expired, ACCC alleged.

The Google-owned firm didn’t instantly reply to a Reuters request for remark.

The ACCC, which is in search of penalties and injunctions, stated their case contains 58 examples of shoppers who have been allegedly misled by Fitbit once they complained about defective gadgets.

Final month, Fitbit launched its next-generation wearables in India. This lineup contains the Fitbit Versa 4 and Fitbit Sense 2 health watches in addition to the Fitbit Encourage 3 health tracker. Fitbit claims that these new wearables are thinner and extra snug than its earlier fashions. The Fitbit Sense 2 is available in Gray Graphite, Mist Delicate Gold, and White Platinum. Equally, the Fitbit Versa 4 is obtainable in Graphite Black, Pink Sand, and Waterfall Blue. Lastly, the Fitbit Encourage 3 is on the market in Lilac Bliss, Midnight Zen, and Morning Glow color choices.

© Thomson Reuters 2022