One client who complained about technical points along with his gadget was informed by Fitbit there could be no actual date for a decision. The buyer then requested a refund, which was rejected by Fitbit, who informed them they didn’t qualify for a refund.
“To be eligible for a refund, there are two necessities wanted: inside 45 days upon cargo of the gadget; [or] bought immediately from Fitbit on-line net retailer,” the buyer was allegedly informed.
One other client was given a defective substitute gadget, however was denied one other substitute by Fitbit on the idea that the “two-year guarantee interval” of the gadget he bought had expired.
In an announcement, Fitbit mentioned: “Fitbit can be reviewing the ACCC’s allegations and doesn’t have additional feedback to share presently.”
The ACCC will search penalties, injunctions, and a compliance program within the occasion it succeeds within the Federal Courtroom case.
Cass-Gottlieb informed this masthead the regulator could be looking for increased penalties if the court docket decided Fitbit had contravened Australian client regulation.
“If we get to that stage, then sure, one of many elements that we’ll put to the court docket in help of upper penalties can be that there had been earlier conduct of concern and a dedication to handle that conduct,” she mentioned.
“We’re very eager that Fitbit and different producers with international companies ought to have processes in place to make sure compliance with the Australian client regulation.”
Fitbit was acquired by Google in January 2021 for $2.7 billion. On the time, the ACCC was investigating whether or not the transaction could also be anticompetitive for different gamers within the wearables market. The buyer watchdog additionally had regulatory issues about Google’s use of private person well being knowledge it will gather by Fitbit.
Rod Sims, former longtime chair of the ACCC, mentioned the regulator was contemplating its authorized choices after Google accomplished the acquisition earlier than ACCC’s investigation was full.
Nevertheless, Cass-Gottlieb confirmed that the regulator had since dropped its investigation into the Google-Fitbit transaction, however that it had ongoing issues about knowledge dealing with.
“We don’t have out there to us enough proof to determine to take the subsequent step, which can be court docket proceedings, in respect of the acquisition,” she mentioned.
“We stay involved about among the points that have been raised into … the aggregation of knowledge by the proliferation of wearable units and wearable working techniques comparable to well being knowledge.
“We have now, nevertheless, reached some extent the place we’re not persevering with that investigation.”
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