Fitbit sued in Australia for misleading consumers on faulty devices

Australia‘s competitors regulator has begun court docket proceedings in opposition to Fitbit LLC for allegedly making false or deceptive claims to shoppers about their assure rights on defective gadgets, it mentioned on Monday.

The Australian Competitors and Shopper Fee (ACCC) mentioned between Could 2020 and February 2022, Fitbit claimed shoppers won’t 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 Regulation.

“All shoppers have… automated shopper assure rights that can not be excluded, restricted or modified. The buyer assure rights exist along with any warranties supplied by producers,” mentioned ACCC Chair Gina Cass-Gottlieb.

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

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

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

The ACCC, which is looking for penalties and injunctions, mentioned their case contains 58 examples of shoppers who had been allegedly misled by Fitbit after they complained about defective gadgets.

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