Class Action Claims Defect in Fitbit Trackers, Watches Causes ‘Clasping Problems’ [UPDATE]
by Erin Shaak
Last Updated on February 28, 2020
Willis v. Fitbit, Inc.
Filed: July 23, 2019 ◆§ 3:19-cv-01377
[SENT TO ARBITRATION] Fitbit activity trackers and fitness watches are at the center of a proposed class action lawsuit that alleges the devices are prone to “clasping problems” that cause the bands to easily unclasp or detach while being worn.
Case Updates
Update – January 29, 2020 – Lawsuit Sent to Arbitration
The lawsuit detailed on this page has been sent to arbitration by United States District Court Judge Dana M. Sabraw.
In a January 24 order granting Fitbit’s motion to compel arbitration, Judge Sabraw highlighted the fact that the plaintiff affirmatively accepted the company’s Terms of Service—which requires disputes to be resolved through binding arbitration—when he registered his device and created a Fitbit account. In fact, the judge noted, the plaintiff affirmatively agreed to Fitbit’s Terms of Service five times, as he registered and paired five different Fitbit devices.
Though the plaintiff argued that Fitbit’s arbitration agreement is unenforceable in that it is “both substantively and procedurally unconscionable,” the court found that that question itself should be considered by an arbitrator as well.
The parties have 14 days from the completion of arbitration proceedings to submit a report to the court on the outcome of the talks.
Fitbit activity trackers and fitness watches are at the center of a proposed class action lawsuit that alleges the devices are prone to “clasping problems” that cause the bands to easily unclasp or detach while being worn.
Recently removed to California district court, the lawsuit explains that Fitbit makes activity trackers—such as the Ace 2, Inspire, Inspire HR, Charge 3, and Charge HR—that can monitor a wearer’s steps, running distance, heart rate, sleep patterns, calories burned, and other fitness-related metrics. The company also makes smart fitness watches—such as the Blaze, Iconic, Versa, Versa Lite, and Versa Special Edition models—that combine the activity trackers’ functions with those of a watch and smartphone, the suit says. These Fitbit products are designed to be worn by users at all times, the lawsuit stresses, particularly when they are physically active, as they’re meant to track their activity.
Despite the Fitbit products’ intended functions, the devices, the plaintiff alleges, are prone to unclasping, “falling off,” and “popping-off” with no warning. According to the lawsuit, the bands can easily unclasp from a wearer’s wrist or completely detach from the face of the activity tracker or watch, which in both cases can result in the device being broken or lost.
The case claims that although customers have been complaining online about the issue since at least October 2014, Fitbit has failed to acknowledge or address the problem. The plaintiff says the company replaced his device four different times after the bands exhibited clasping issues. When his fifth device fell off and was lost, Fitbit allegedly told the plaintiff that “these types of situations are not covered by our warranty” and offered him a discount on “selected” Fitbit devices.
The lawsuit seeks to cover four proposed classes of individuals who:
- Purchased Fitbit trackers in the United States for personal use and had to replace them or lost them because of defective bands or clasps;
- Purchased Fitbit fitness watches in the United States for personal use and had to replace them or lost them because of defective bands or clasps;
- Purchased Fitbit trackers in California for personal use and had to replace them or lost them because of defective bands or clasps; and
- Purchased Fitbit fitness watches in California for personal use and had to replace them or lost them because of defective bands or clasps.
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