Class Action

Fitbit’s “Sleep-Tracking” Function

Class Action

Fitbit’s “Sleep-Tracking” Function

November 2018: Plaintiffs moved for preliminary approval of a proposed settlement agreement. According to its terms, class members may file a claim to receive $12.50 for each qualifying Fitbit device purchased. The motion also explains that the proposed agreement does not provide any injunctive relief because the company stopped selling the products in or around 2017.

December 2015: Plaintiffs filed an amended complaint bringing similar allegations. According to plaintiffs, the sleep-tracking function cannot measure sleep and can only measure movement.

May 2015: A class-action lawsuit was filed against Fitbit, Inc. for allegedly falsely advertising devices as having a “sleep-tracking” function that will track how long users sleep, the number of times users wake up, and the quality of the users’ sleep when, according to the complaint, the sleep-tracking function cannot tell users about the amount and quality of their sleep and does not work as advertised. (Brickman et al v. Fitbit, Inc., Case No. 15-cv-2077, N. D. CA.)

For more information about other class-action lawsuits filed against Fitbit, Inc. and TINA.org’s coverage of the company, click here.

 


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