Fitbit poses legal face to Australia watchdog over refund and replacement policy
Fitness company Fitbit is owned by Google was hit by new allegations on behalf of Australia’s competition watchdog ACCC (Australian Competition and Consumer Commission), who accused the company of making “false or misleading statements”. ” about securing the rights of customers “under Australian Consumer Law after their Fitbit wearable device malfunctions”.
The allegations go on to claim that from May 2020 to February 2022, Fitbit told Australian consumers that they would not receive a refund for a defective product if they attempted to return it after 45 days from date of purchase or delivery. This is the second time Fitbit has been knocked out by ACCC, after Similar allegations were made against the wearable manufacturer in 2018 (opens in a new tab).
“Fitbit was brought to the attention of the ACCC again by the ACCC for allegedly misleading consumers about their right to consumer guarantees,” ACCC President Gina Cass-Gottlieb said in a statement, “We are suing this Fitbit. as we take the alleged conduct seriously and manufacturers should have processes in place to ensure compliance with the Australian Consumer Law. “
When sought for comment, a Fitbit spokesperson told TechRadar Australia, “Fitbit will review the ACCC allegations and have no further comment to share at this time.”
Google could not be reached for comment at the time of publication.
Analysis: Respect your rights
Under Australian consumer law, a customer’s rights to a defective product are not limited by any length of time, from the date of purchase or otherwise. The law further enforces that businesses and manufacturers selling a product with a major problem or with a major problem, must offer Australian consumers a refund or offer for a replacement.
A deduction from a refund made based on how long a consumer had had a product before it developed a serious problem is also not allowed under Australian consumer law.
Fitbit’s new company with Aussie watchdog adds to a tough couple of months for the fitness tracking giant, which has faced problems that plague its existing products while continuing to lose ground in the wearables market Apple Watch and watch competitor Samsung gain significant momentum with Galaxy Watch Possesty.
Meanwhile, Google’s other entry into the wearable space – Google Pixel Watch – faced some issues of its own despite being initially well received upon release. Given the importance of fitness tracking for wearables and Google’s ownership of pioneers in the fitness tracking space (aka Fitbit), report persistent problems (opens in a new tab) with the Pixel Watch’s calorie-burn tracking would have the tech giant concerned. Poor battery life has also been a constant complaint since the Pixel Watch was released, a similar problem faced by its main competitor, the Apple Watch, when compared to wearables with less functionality. as in the Fitbit range. Likewise, user reception indicating how poorly the Pixel Watch manages to differentiate itself from its competitors or present any advantage has resulted in significant disappointment due to the strength of the device. tune before releasing the watch.
While the above issues are not covered by consumer law, this legal battle can raise concerns and hopefully be an incentive for Google to act. improve Fitbit’s entry into the wearable market, given Fitbit’s ability to comply with consumer laws, is one such area now high on the agenda.
The ACCC is seeking penalties, injunctions, compliance programs and other orders against Fitbit, with adjustments expected to be made for future proceedings by Fitbit-based Fitbit. USA.