Fitbit is set to face legal action with an Australian watchdog over its refund and exchange policy

Google-owned fitness company Fitbit New allegations have been criticized on behalf of Australia’s competition watchdog, the Australian Competition and Consumer Commission, alleging that the company made “false or misleading representations” about customers’ warranty rights “under Australian consumer law after Fitbit wearable devices malfunctioned”.

Other allegations claim that between May 2020 and February 2022 in particular, Fitbit made representations to Australian consumers that they would not be entitled to a refund of any defective product if they sought a return after 45 days from the date of purchase or shipment. This is the second time Fitbit has been criticized by the ACCC, then Very similar allegations against the wearable manufacturer in 2018 (Opens in a new tab).

“Fitbit has again come to the attention of the ACCC for allegedly misleading consumers about their consumer warranty rights,” Gina Kass-Gottlib, chair of the Australian Competition and Accountability Commission, said in a statement. You must have processes in place that ensure compliance with Australian Consumer Law.”

When asked for comment, a Fitbit spokesperson told TechRadar Australia, “Fitbit will be reviewing the ACCC’s allegations and has no further comments to share at this time.”

Google could not be reached for comment at the time of publication.


Analysis: respecting your rights

Under Australian Consumer Law, a customer’s rights in relation to a defective product are not limited to any time periods, whether from the date of purchase or otherwise. The law further mandates that companies and manufacturers who sell a product with a significant problem, or who develop a significant problem, must provide Australian consumers with either a refund or a replacement offer.

A deduction from a refund made based on how long a consumer had a product before they developed a significant problem is also not allowed under Australian consumer law.

Fitbit’s new Stous adds with the Aussie Watchdog to a rough few months for the fitness tracker giant, after it faced Troubleshooting problems plaguing their current products While continuing to lose ground in the wearable market in favor of Apple Watch And the vision of fellow competition Samsung is gaining great momentum through Galaxy Watch offers.

Meanwhile, Google’s other entry into the wearables space – The google pixel watch He faced some issues of his own despite the initially warm reception upon its release. Given the importance of fitness tracking for wearables, and Google’s (also known as Fitbit) ownership of the leaders in fitness tracking, Reports on ongoing issues (Opens in a new tab) With Pixel Watch tracking calories burned it will be a concern for the tech giant. Poor battery life has also been a persistent complaint since the release of the Pixel Watch, an issue that the primary competitor Apple Watch also faces when compared to lower-function wearables like those in the Fitbit range. Likewise, user reception citing how poorly the Pixel Watch has managed to differentiate itself from competitors or show any feature has been a huge disappointment given the hype leading up to the watch’s launch.

Although the above issues are not protected by consumer law, this legal battle could be cause for concern and hopefully a catalyst for Google to improve Its entry into the wearables market, with Fitbit’s ability to comply with consumer laws is likely to be one of those areas now high on the agenda.

The Anti-Corruption Commission is seeking sanctions, injunctions, a compliance program and other injunctions against Fitbit, with adjustments expected to be made for future actions given that Fitbit is based in the United States.

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