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15 December 20232 minute read

DLA Piper advises ACCC on case against Fitbit LLC

Global law firm DLA Piper has successfully represented the Australian Consumer and Competition Commission (ACCC) in its enforcement proceeding against Fitbit LLC for making false, misleading or deceptive representations about consumer guarantee rights.

The Court imposed a pecuniary penalty of USD11 million after Fitbit LLC admitted that it had contravened the Australian Consumer Law.

The ACCC’s case involved 58 examples where Fitbit LLC made misleading statements to Australian consumers who complained about problems they said they were experiencing with Fitbit devices. Those examples related to the warranty period and faulty product representations.

This case is an important reminder that all products sold to consumers in Australia come with a guarantee that they are of acceptable quality and a remedy is available if this guarantee is not met. Retailers must take care that they provide their customers with accurate information about their rights under the consumer guarantee regime,” said John Fogarty, Partner, DLA Piper.

We were engaged to assist the ACCC from the investigation phase through to judgment. It was a pleasure to advise the ACCC on this important matter, John added.

The DLA Piper team was led by John Fogarty (Partner, Litigation & Regulatory), Ashvin Sandra Segaran (Solicitor, Litigation & Regulatory), Brigette Ciampoli (Graduate, Litigation & Regulatory) and Kristen Politis (Graduate, Litigation & Regulatory).

This matter is a strong example of the advice provided by our market-leading litigation and regulatory team and demonstrates our ongoing commitment to complex, high-stakes litigation at a level where few firms compete, Liam Prescott, Group Head, Litigation & Regulatory, DLA Piper.

DLA Piper’s regulatory practice has been a key part of our success over many years. Our growth in working with government agencies over recent years is reflective of our focus on advising both private and government sector clients on complex regulatory issues and disputes, Liam said.