Consumer watchdog takes Fitbit to court over claims around customer rights

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The Australian Competition and Consumer Commission has launched legal action against Fitbit in the Federal Court, alleging the smartwatch maker misled customers about their rights over faulty products.

During the court case, which is against the US company – Fitbit LLC – the ACCC will claim Fitbit told customers they couldn’t get a refund unless they returned a faulty product within 45 days.

The allegedly misleading conduct took place over a period of more than 18 months, from May 2020 to February 2022.

Fitbit is facing legal action from the ACCC. (AP)

“Fitbit has again come to the ACCC’s attention for allegedly misleading consumers about their consumer guarantee rights,” ACCC Chair Gina Cass-Gottlieb said in a statement.

“We are taking this case against Fitbit because we consider the alleged conduct is serious and that manufacturers should have processes in place that ensure compliance with the Australian Consumer Law.

“Under the Australian Consumer Law, products must be of acceptable quality, and retailers must provide a remedy for faulty goods which include a repair, replacement or refund, depending on the circumstances.”

Woman wearing Fitbit Versa 3 smartwatch — A woman is pictured wearing a Fitbit smartwatch. The ACCC claims the company misled customers about their refund rights. (Fitbit)

The latest court action from the ACCC comes four years after the watchdog took Fitbit Australia to task, claiming the local subsidiary was misleading customers about warranties for faulty products.

As a result of its 2018 investigation, the ACCC said Fitbit Australia had given a court-enforceable undertaking acknowledging its actions may have contravened Australian Consumer law. It also agreed to extend its manufacturer’s warranty from one year to two years.

In relation to the current case against Fitbit, the ACCC said it had collected 58 examples of consumers allegedly misled by comments from the company’s customer service representatives when they complained about faulty devices.

In one case, a consumer having technical issues with his Fitbit device asked for a refund after being told that there was no exact date when the issues could be fixed. The consumer was told he did not qualify for a refund.