Australia: Fitbit, a Google-owned company that makes fitness technology, has been taken to the Federal Court on charges that it deceived Australians about their access to refunds.

According to the Australian Competition and Consumer Commission, Fitbit sold malfunctioning wearable fitness trackers over the last two years to at least 58 of its customers, making false or misleading statements to them.

Customers are believed to have been informed by the Google-owned business that they would not be eligible for a refund unless they returned a defective item within 45 days of purchase or shipment between May 2020 and February 2022.

The Australian Competition and Consumer Commission (ACCC) also claimed that the fitness-tech company told buyers they were not eligible for a second replacement of a defective Fitbit gadget if it had already been replaced once and the original device’s two-year “limited warranty period” had passed.

ACCC chair Ms. Gina Cass-Gottlieb pointed out that Fitbit has already run afoul of the consumer authority. In 2018, the business agreed to an enforceable undertaking after acknowledging that it had made questionable statements about its warranties.

“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,” Ms. Cass-Gottlieb, Chaie of Australian Competition & Consumer Commision, quoted in a statement.

In its lawsuit against Fitbit, the ACCC is requesting fines, restraining orders, and a compliance program. Fitbit is based in the US, thus service process must occur there. A Fitbit representative stated the business was looking into the claims and had no further remarks.

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