Australia’s competitors regulator has begun court docket proceedings in opposition to Fitbit for allegedly making false or deceptive claims to shoppers about their assure rights on defective units, it mentioned on Monday.

The Australian Competition and Consumer Commission (ACCC) mentioned between May 2020 and February 2022, Fitbit claimed shoppers won’t be entitled to a refund until they returned a defective product inside 45 days of buy or cargo, which is in not in accordance with Australian Consumer Law.

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

The regulator mentioned Australian Consumer Law doesn’t impose a 45-day refund interval, nor do client rights in respect of defective alternative items rely upon when the unique product was bought.

Additionally, Fitbit informed shoppers that when they obtained a alternative machine for an initially defective product, they weren’t entitled to a second alternative if Fitbit’s two-year ‘restricted guarantee interval’ for the unique machine had expired, ACCC alleged.

The Google-owned firm didn’t instantly reply to a Reuters request for remark.

The ACCC, which is in search of penalties and injunctions, mentioned their case consists of 58 examples of shoppers who have been allegedly misled by Fitbit once they complained about defective units.

Last month, Fitbit launched its next-generation wearables in India. This lineup consists of the Fitbit Versa 4 and Fitbit Sense 2 health watches in addition to the Fitbit Inspire 3 health tracker. Fitbit claims that these new wearables are thinner and extra comfy than its earlier fashions. The Fitbit Sense 2 is available in Grey Graphite, Mist Soft Gold, and White Platinum. Similarly, the Fitbit Versa 4 is obtainable in Graphite Black, Pink Sand, and Waterfall Blue. Finally, the Fitbit Inspire 3 is accessible in Lilac Bliss, Midnight Zen, and Morning Glow color choices.

© Thomson Reuters 2022