Fitbit Gets Extreme Exercise Backpedaling on Its Own Statements on “Irrationality” of Consumer Arbitration

Fitbit Gets Extreme Exercise Backpedaling on Its Own Statements on ‘Irrationality’ of Consumer Arbitration

After effectively undermining its own case by forcing disgruntled consumers into arbitration it then tried to escape because such proceedings would be “irrational,” digital fitness tracker manufacturer Fitbit found itself having to do some serious explaining in federal court last month. As reported by Reuters, at a May 2018 hearing before U.S. District Judge James Donato in San Francisco, Fitbit’s lawyers stated that “no rational party would pay hundreds of dollars in fees to initiate arbitration over a $162 fitness tracker.” They made this claim after a plaintiff rejected the fitness product company’s settlement offer of more than $2,800 to drop the arbitration case, Fitbit decided that the customer’s American Arbitration Association proceeding was therefore officially “concluded.” [Read more…]

Federal Court Denies Fitbit’s Motion to Dismiss Class Action Lawsuit Alleging Gross Inaccuracies and Recording Failures in PurePulse™ Heart Rate Monitors

Federal Court Denies Fitbit's Motion to Dismiss Class Action Lawsuit Alleging Gross Inaccuracies and Recording Failures in PurePulse™ Heart Rate Monitors

San Francisco, CA—On June 5, 2018, Judge James Donato of the U.S. District Court for the Northern District of California issued an order denying Fitbit’s motion to dismiss the class action lawsuit alleging that its PurePulse™-equipped devices are grossly inaccurate and frequently fail to record any heart rate at all. The lawsuit brings claims for false advertising, unfair competition, common-law fraud, fraud in the inducement, unjust enrichment, breach of express warranty, breach of implied warranties under the Magnuson-Moss Warranty Act, and under the consumer protection statutes of California and Arizona. While the court removed plaintiff’s unjust enrichment claim, the motion to dismiss was otherwise entirely denied, subject to plaintiff’s agreement to amend the complaint to include product packaging statements and further allegations of reliance. [Read more…]