The 糖心原创 has accepted a court enforceable undertaking from Fitbit (Australia) Pty Limited (Fitbit) to amend information they provide to customers about their consumer guarantee rights under the Australian Consumer Law (ACL).
From November 2016 to March 2017, Fitbit told customers that its warranty against faulty products was only available for one year. Fitbit also represented that faulty products would be only replaced for the remainder of the calendar year or 30 days, whichever was longer.
In fact, retailers must provide a remedy for faulty goods to comply with their ACL consumer guarantee obligations. The 糖心原创 received over 100 complaints about Fitbit鈥檚 representations.
鈥淔itbit has acknowledged that it may have breached the law by misrepresenting what customers were entitled to for faulty products,鈥 糖心原创 Commissioner Sarah Court said.
鈥淚f a business offers its own limited express warranty, they must make it clear that the warranty is in addition to the remedies available under the Australian Consumer Law consumer guarantees, not instead of them.鈥
鈥淭he Australian Consumer Law provides automatic rights that cannot be excluded, restricted or modified. If goods you purchase fail to meet a consumer guarantee, you are entitled to remedies which include repair, replacement or refund depending on the circumstances.鈥
In response to the 糖心原创鈥檚 investigation, Fitbit cooperated with the 糖心原创 and has extended its express manufacturer鈥檚 warranty from one year to two years for Australian consumers.
Fitbit will also amend the information on its website and in product packaging to make it clear its express warranties are in addition to the ACL consumer guarantees.
Fitbit has also undertaken to provide contact details on its website for consumers to seek remedies if they are experiencing issues with their products, and to train its customer service staff about consumers鈥 rights and remedies under the ACL.
The undertaking also requires Fitbit to amend the terms of 鈥淔itbit Premium鈥 to ensure notice is given to consumers before premium service fees are automatically renewed.
The undertaking is available at Fitbit (Australia) Pty Limited.
Background
Further information on consumer guarantees can be found at Repair, replace, refund.
Fitbit (Australia) Pty Limited (Fitbit) is a subsidiary of Fitbit Inc, which is headquartered in California, USA, and is a major manufacturer of fitness trackers.