• The Australian Competition and Consumer Commission (ACCC) says Fitbit was knowingly misleading regarding its faulty device return policy.
• The case currently has 58 examples were Fitbit did not properly honour its return policy.
• The ability to return or request a refund is a guaranteed right for consumers, according to the ACCC.

Fitbit is in the news again this week, not for its latest devices, but rather for not honouring a return policy, according to the Australian Competition and Consumer Commission (ACCC).

As reported by Mobile World Live, the ACCC has levelled two claims against Fitbit.

The first is that the Google-owned company made misleading representations regarding the guaranteed rights of consumers in the region, with the wearable maker informing customers that they were not entitled to a refund for a faulty device between the periods of May 2020 and February 2022.

The second is that customers who were given a second faulty device as a replacement were not entitled to a second replacement offering, specifically if its two-year limited warranty period had expired.

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

“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. All consumers have these automatic consumer guarantee rights that cannot be excluded, restricted or modified. The consumer guarantee rights exist in addition to any warranties offered by manufacturers,” added Cass-Gottlieb.

The ACCC goes on to note that as many as 58 examples are already a part of the case, all of whom were misled by the fact that Fitbit said eligibility for returns or refunds on faulty devices only apply 45 days from purchase.

As the regulator explained, “The Australian Consumer Law does not impose a 45-day refund period, nor do consumer rights in respect of faulty replacement goods depend on when the original product was purchased.”

It remains to be seen what will happen in this case, but with Fitbit recently earning the ire for announcing a change to upcoming account policies, it looks like it may lose a few customers over some poor after-sales service.