Shulou(Shulou.com)11/24 Report--

CTOnews.com, Oct. 24 (Reuters)-Australia's competition regulator said on Monday that it had filed a court lawsuit against Google's Fitbit LLC, accusing it of making false or misleading claims to consumers on faulty or defective equipment. That is, they claim that they have a security right in defective equipment.

The Australian Competition and Consumer Commission (ACCC) said that between May 2020 and February 2022, Fitbit claimed that consumers would not be entitled to a refund unless they returned the defective product within 45 days of purchase or shipment, which was not in compliance with Australian consumer law.

"all consumers have. automatic consumer security rights that cannot be excluded, restricted or modified. Consumer security rights exist in addition to any warranty provided by the manufacturer," said Gina Cass-Gottlieb, chairman of ACCC.

CTOnews.com learned that regulators said the Australian Consumer Act did not provide for a 45-day refund period and that consumers' rights to faulty replacement items did not depend on the time of purchase of the original product.

In addition, according to ACCC, Fitbit told consumers that once they received equipment to replace the original problematic product, they would not be entitled to a second replacement if Fitbit's two-year "limited warranty" on the original equipment had expired.

The Google-owned company did not immediately respond to a request for comment.

ACCC, which is seeking penalties and injunctions, said its case included 58 cases in which consumers were allegedly misled by Fitbit when they complained about faulty equipment.

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