Oct 24 (Reuters) – Australia’s competitors regulator has begun courtroom proceedings towards Fitbit LLC for allegedly making false or deceptive claims to customers about their assure rights on defective units, it mentioned on Monday.
The Australian Competitors and Shopper Fee (ACCC) mentioned between Could 2020 and February 2022, Fitbit claimed customers is not going to 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 Shopper Legislation.
“All customers have… automated client assure rights that can not be excluded, restricted or modified. The patron assure rights exist along with any warranties supplied by producers,” mentioned ACCC Chair Gina Cass-Gottlieb.
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The regulator mentioned Australian Shopper Legislation doesn’t impose a 45-day refund interval, nor do client rights in respect of defective alternative items rely on when the unique product was bought.
Moreover, Fitbit instructed customers that when they acquired a alternative system for an initially defective product, they weren’t entitled to a second alternative if Fitbit’s two-year ‘restricted guarantee interval’ for the unique system had expired, ACCC alleged.
The Google-owned (GOOGL.O) 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 customers who had been allegedly misled by Fitbit once they complained about defective units.
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Reporting by Harish Sridharan in Bengaluru; Modifying by Shailesh Kuber
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