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Suit alleges consumer fraud against Fitbit makers

By Legal News Line | Jan 14, 2016

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SAN FRANCISCO (Legal Newsline) – Three U.S. citizens are suing the manufacturer of activity trackers over claims its trackers do not accurately record heart rates.

Kate McLellan, Teresa Black and David Urban, individually and for all others similarly situated, filed a class-action lawsuit Jan. 5 in the San Francisco Division of the Northern District of California against Fitbit Inc., alleging common law fraud, fraud in the inducement, unjust enrichment, breach of express and implied warranties, and violations of California, Colorado and Wisconsin business codes.

The suit states Fitbit represents that its Charge HR and Surge fitness watches include LED-based technology called PurePulse to accurately record a wearer's heart rate during physical activity.

The suit states Fitbit's representations are false, and that the PurePulse trackers allegedly do not and cannot consistently or accurately record heart rates during intense physical activity. The suit claims testing confirms these products consistently incorrectly record heart rates by a significant margin.

The plaintiffs and others in the class seek damages, disgorgement, restitution, interests, attorney fees and other costs of the suit, together to exceed $5 million. They are represented by attorneys Elizabeth J. Cabraser, Kevin R. Budner and Jonathan D. Selbin of Lieff Cabraser Heimann & Bernstein in San Francisco and New York City, and by attorney Robert Klonoff of Robert H. Klonoff LLC in Portland, Oregon.

San Francisco Division of the Northern District of California Case number 3:16-CV-00036-VC

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Organizations in this Story

Fitbit Inc Lieff Cabraser Heimann & Bernstein, LLP Robert H. Klonoff LLC

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