CHICAGO (Legal Newsline) – Fitbit is facing a lawsuit filed by Walgreens alleging it has breached its guaranteed-sale basis agreement with the drug store chain for its personal fitness body tracking electronic products.
Walgreen Co. filed a complaint Nov. 1 in the U.S. District Court for the Northern District of Illinois Eastern Division against Fitbit Inc. alleging breach of contract and unjust enrichment.
The suit states the parties entered into an agreement in 2012 for Fitbit to sell Walgreens personal fitness and body tracking electronic devices on a guaranteed-sale basis. Walgreen alleges the defendant agreed to refund it for units that met certain criteria. Fitbit allegedly agreed to refund Walgreens if the tracker products did not reach certain benchmarks, refund Walgreens for "unsaleable" items and to pay Walgreens for various promotions, according to the suit.
Walgreens claims that it has lost at least $140,000 over "offsets" that were applied to Fitbit's account per their guaranteed-sale basis. It alleges Fitbit has failed to refund the amount.
Walgreens seeks monetary relief of no less than $140,116.14 plus interest, trial by jury and other just relief. It is represented by Robert Andalman, Rachael Blackburn and Kirstin Opal of A&G Law LLC in Chicago.
U.S. District Court for the Northern District of Illinois Eastern Division case number 1:19-CC-07215