FitBit Legal Advice

advanced_diver

Apologies if this is in the wrong place but struggling with what to do next and what the best course of action is if any!

I have a Fitbit watch which is over 1 year old but working without any issues. Earlier the Fitbit software recommended that "updated firmware" be applied, which I did and the watch subsequently died.

I contacted Fitbit support who walked me through a reset process which did not work. I then had to wait for an email, which when it arrived said my device was now "broken" and could not be repaired and as it was out of warranty there was nothing they could do. However here is a voucher for 35% off a new Fitbit as a goodwill gesture.

I have continually repeated my stance, that it was their firmware that broke my fully working device, which they would be able to see from their cloud server logs. I have offered to return it to prove this, but still the same email back, "a voucher for 35% off a new Fitbit as a goodwill gesture".

I don't know what to do next. My initial thought was to use the small claims court but the cost of the device is less than £100 is it worth it or should I just write it off?

Checking through the forums it would seem this is NOT an isolated incident. In fact, many people have had the SAME issues on numerous different devices. Being sinicial could this be a fantastic sales tactic? Get the consumer to apply flawed untested firmware that breaks some devices so they have to buy a new device. I think Apple tried a similar idea by slowing down their iPhone as it aged, I believe they ended up in court. It sucks but they seem to have the upper hand and I have a dead Fitbit

Any help is appreciated!


 

Aylesbury_Duck

I'd accept the voucher towards a replacement or write it off and buy a different brand.  I don't think it's worth pursuing because at an original price of less £100 for something that might have an expected lifespan of something like three years, getting half back might be the best you could expect.  Probably not a world away from the 35% discount you've been offered.

I have a Garmin watch that I bought for £85 three years ago that's still going strong.  Other friends and family have Garmin watches and are similarly happy.

Grumpy_chap

advanced_diver said:

Apologies if this is in the wrong place but struggling with what to do next and what the best course of action is if any!

I have a Fitbit watch which is over 1 year old but working without any issues. Earlier the Fitbit software recommended that "updated firmware" be applied, which I did and the watch subsequently died.

I contacted Fitbit support who walked me through a reset process which did not work. I then had to wait for an email, which when it arrived said my device was now "broken" and could not be repaired and as it was out of warranty there was nothing they could do. However here is a voucher for 35% off a new Fitbit as a goodwill gesture.

I have continually repeated my stance, that it was their firmware that broke my fully working device, which they would be able to see from their cloud server logs. I have offered to return it to prove this, but still the same email back, "a voucher for 35% off a new Fitbit as a goodwill gesture".

I don't know what to do next. My initial thought was to use the small claims court but the cost of the device is less than £100 is it worth it or should I just write it off?

Checking through the forums it would seem this is NOT an isolated incident. In fact, many people have had the SAME issues on numerous different devices. Being sinicial could this be a fantastic sales tactic? Get the consumer to apply flawed untested firmware that breaks some devices so they have to buy a new device. I think Apple tried a similar idea by slowing down their iPhone as it aged, I believe they ended up in court. It sucks but they seem to have the upper hand and I have a dead Fitbit

Any help is appreciated!


 

What is the expected life-span of a £100 smart watch / fitness tracker?
Maybe a couple of years, maybe three years, I would not expect any more than that.
Any refund would be subject to the amount of beneficial use you had, so at most 2/3rds of the original £100.  The 35% is a bit on the tight side if you buy another device at £100, but the exact same device might be cheaper now, or you could use the 35% off a top of the range fit bit making it worth more.

Arguably, the 35% should not be restricted to FitBit devices.
How hard do you want to argue?
I would probably just write this one down, or wait until the next software update which might fix the device.

For what it is worth, my wife originally had a FitBit and the reliability was shocking so she changed and got a Garmin.  We liked that so much more that we are both now on several iterations of Garmin and have no issues with any of them.  Lifespan is only about 2 or 3 years, so we also buy a more "budget" version from the available options.

pinkshoes

You've said it's over 1 year old, but how much over 1 year old? 5 years?? 3 years?

I'd expect a smart watch to last 3 to 4 years. 

Did you buy it direct from FitBit?

advanced_diver

Thanks for all your information and for clarity the device is coming up to 2 years old and was actually bought from Amazon.

That siad, it just feels "wrong" that a working device was killed by their firmware update and they dont care. As an IT Professional myself any firmware updates that go wrong, the onus is on me to fix. I could not say back to the customers your system is dead and you needs to buy another. 

As mentioned this is not an isoltaed incident and I have found many IT sites talking about the same issues and many upset people. SImple answer - change brands.  

Sad!

Grumpy_chap

advanced_diver said:

the device is coming up to 2 years old .

it just feels "wrong" that a working device was killed by their firmware update 

I agree on that final point.

Unfortunately, the life expectation of these types of products is only around 3 years really.  Any resolution would be subject to a deduction for the time you had the product (2 years) from the live span (3 years).  That means the 35% offer is about the correct value.  From a consumer rights perspective, it is probably not correct that has been tied as a discount off another product of the same make.  It should probably have been a genuine refund that could be spent anywhere.  

How much effort would anyone expend converting the 35% Fitbit voucher into the same value of spend anywhere funds?

Does the voucher have to be spent at Fitbit direct, or can it be spent on a Fitbit product via any retailer?  If the latter, it may be worth keeping an eye for a discontinued item from John Lewis they do seem to discount these down heavily when the time comes around.