Consumer watchdog takes Fitbit to court for allegedly refusing refunds for defective items

We all know how important it is to stay active as we get older. That’s why many of us have turned to fitness trackers and smartwatches to help us monitor our steps, heart rate, and calorie intake – giving us that extra push to stay on top of our health goals.



That's where Fitbit comes in. This popular piece of technology allows us to monitor all sorts of different health metrics so that we can make sure we're taking care of ourselves as best as possible. And it does this while also looking pretty darn stylish on our wrists!

However, despite the solid reputation that Fitbit has built for itself over the years – not just among fitness fanatics but also regular consumers who just want a reliable smartwatch – it looks like the company might have dropped the ball when it comes to customer service and repair policies.


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Fitbit will face a lawsuit for allegedly refusing a refund for defective items. Credit: AP.



This seems to be what happened with some consumers who were 'brushed off' after contacting the company's customer service regarding their faulty devices.

The Australian Competition and Consumer Commission (ACCC) announced today that it will be taking legal action against Fitbit in the Federal Court for allegedly misleading customers about their rights over faulty products.

The ACCC's court action alleges that Fitbit told consumers that they would be unable to obtain a refund from the company unless they returned the faulty product within 45 days of the purchase date.



Fitbit reportedly engaged in misleading behaviour between May 2020 and February 2022, spanning more than 18 months.

ACCC chair Gina Cass-Gottlieb announced in a statement, saying that Fitbit violated Australian Consumer Law by allegedly deceiving customers.

She said: '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.'



The ACCC has been keeping an eye on Fitbit for the past four years. In 2018, the watchdog took legal action against the fitness tracker company, alleging that Fitbit Australia had misled customers about product warranties for defects.

As a result of its 2018 investigation, the ACCC said Fitbit Australia had provided a legally binding undertaking stating that certain of its acts may have violated Australian Consumer Law.

It also consented to a two-year manufacturer's warranty instead of the standard one-year service pledge.



The court action launched by the watchdog against Fitbit Australia is almost a carbon copy of the company's current legal woes.

A spokesperson for Fitbit stated that Fitbit will be 'reviewing the ACCC's allegations’. The representative offered no further comment at this time.



While we believe that every consumer has the right to get a full refund or a replacement for faulty items, we would like to suggest double-checking the quality of the wearable device, especially those that are connected through Bluetooth or a smartphone to prevent any future complications.

There are a few different ways to double-check the gadgets — aside from testing them for their functionality — before making a purchase. One is to read online reviews. This can be a great way to get unbiased opinions about a product before you buy it.

Key Takeaways

  • The Australian Competition and Consumer Commission (ACCC) has launched legal action against Fitbit in the Federal Court, alleging the smartwatch maker misled customers about their rights over faulty products.
  • The ACCC will claim that Fitbit told customers they couldn't get a refund unless they returned a faulty product within 45 days, which is allegedly misleading conduct.
  • This is the second time the ACCC has taken action against Fitbit, with the first instance being in 2018 when the watchdog claimed the local subsidiary was misleading customers about warranties for faulty products.



Another way to double-check the gadgets before making a purchase is to ask friends or family for recommendations. If someone you trust has had a good experience with a particular product, it's likely that you will too.

Finally, it's always a good idea to do a bit of price comparison shopping before you make a purchase. By taking the time to compare prices, you can be sure that you're getting the best possible deal on the gadget you want.

There you have it, folks! Do you agree with the consumer sentiments that the period for refunds and product replacements for the Fitbit fitness trackers are too short?
 
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