Fitbit LLC, a Google-owned consumer electronics and fitness startup, is being sued for breaking Australian Competition and Consumer Commission’s (ACCC) consumer regulations. When Fitbit said between May 2020 and February 2022 that customers were not entitled to a refund unless they returned the goods within 45 days of the purchase, the competition agency claimed that Fitbit had not acted in compliance with Australian Consumer Law. Additionally, Fitbit warned customers that if they had previously received a replacement device and the gadget’s first two-year ‘limited warranty period’ had passed, they were ineligible for a second unit.
‘Consumer guarantee rights are inherent to all consumers and cannot be eliminated, limited, or amended. In addition to any guarantees provided by manufacturers, consumers also have rights under the consumer guarantee ‘, explained Gina Cass-Gottlieb, ACCC chairman. ‘Products must be of acceptable quality, and shops must offer a solution for faulty items, which includes a repair, replacement, or refund, depending on the circumstances,’ she continued.
Notably, customers are not restricted by an artificial 45-day return period to be eligible for a refund under Australian Consumer Law. However, this is not the first legal dispute in which Fitbit has become embroiled. After violating comparable rules, the firm received an enforceable commitment from a federal court in 2018. The ACCC is aiming to sanction Fitbit for recurrent offences and enrol it in a compliance programme through the federal court case.
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