Fitbit told me my warranty expired or my return window closed, is that actually true?

The Federal Court ordered Fitbit LLC to pay $11 million in penalties after it admitted telling consumers things about their rights that were not true. Between around May 2020 and February 2022, Fitbit told some customers they were not entitled to a refund unless they returned a faulty device within 45 days of purchase. Between around November 2020 and February 2022, it told other customers they had no right to a replacement because Fitbit’s own two-year warranty period had expired. Both statements misrepresented the law.

A manufacturer’s own warranty period is not the same thing as your consumer guarantee rights. Under the Australian Consumer Law, every product sold to a consumer carries an automatic guarantee that it is of acceptable quality, fit for its purpose, and matches its description, regardless of what any company-written warranty document says, and regardless of a company’s own internal return-window policy. Depending on how serious the fault is, a retailer or manufacturer can be required to repair, replace or refund, even after a stated warranty period has technically ended, and even past a 45-day (or any other arbitrary) return window the company itself set.

If a company tells you your warranty has expired or your return window has closed, that is a statement about its own policy, not a statement of the law. Ask the company in writing, by email so there is a record, for the specific internal policy or term they are relying on, and note the date and nature of the fault, when you first reported it, and every prior contact. If they still refuse, you can escalate to the ACCC (for the misleading-conduct question) and, for most consumer goods disputes, to your state or territory’s consumer affairs body or tribunal for a binding remedy.