Australia: Announced ACCC lawsuit against Fitbit regarding statements to consumers on faulty devices

On 24 October 2022, the Australian Competition and Consumer Commission (ACCC) announced it had filed a lawsuit against Fitbit. The ACCC accused Fitbit of making false or misleading statements to consumers about their rights under the Australian Consumer Law. The allegations involve Fitbit's representations to consumers regarding faulty wearable devices, including claims that consumers were not entitled to a refund unless they returned a faulty product within 45 days of purchase or shipment. The ACCC also contends that Fitbit misled consumers about their eligibility for a second replacement device after the expiration of the two-year limited warranty period. The ACCC is seeking penalties, injunctions, and a compliance program.