ACCC alleged Fitbit made the statements over a two-year period and that the conduct was serious. It has 58 cases of consumers who were allegedly misled by Fitbit statements.

Fitbits are wearable technology that can monitor things like heart rates and activity levels.

The watchdog said Fitbit made representations to consumers that they would not be entitled to a refund unless they returned a product within 45 days of purchase or shipment.

“The ACCC also alleges that Fitbit conveyed to consumers who had been supplied with a faulty device as a replacement for an original faulty device, that they were not entitled to a second replacement device if Fitbit’s two-year, limited warranty period for the original device had expired,” the ACCC said.

The ACCC chair Gina Cass-Gottlieb said the organisation was taking this case against Fitbit because it considered the alleged conduct was serious and that manufacturers should have processes in place that ensured compliance with the Australian consumer law.

In one case, a consumer who experienced technical issues with a Fitbit requested a refund after being told that there was no date for when the device could be fixed and the consumer did not qualify for a refund.

The ACCC said Australian consumer law does not impose a 45-day refund period, nor do consumer rights in the case of replacement goods depend of when the original product was purchased.