2 fitbit flex fitness trackers

A class action settlement has been reached resolving claims that the Fitbit sleep tracker is defective and does not work as advertised.

If you purchased and registered a Fitbit Flex, Fitbit One, or Fitbit Ultra online between Sept. 1, 2009 and Oct. 27, 2014, you could get $12.50 from this class action settlement.

Consumers must have registered their device online and provided an email address to qualify for a claim. The states and corresponding Class periods are as follows:

  • California from Sept. 1, 2009 to Oct. 27, 2014
  • Florida from Sept. 1, 2009 to Oct. 27, 2014
  • New York from March 26, 2012 to Oct. 27, 2014
  • Michigan from March 26, 2012 to Oct. 27, 2014
  • New Jersey from March 26, 2012 to Oct. 27, 2014
  • Pennsylvania from March 26, 2012 to Oct. 27, 2014
  • Ohio from March 26, 2012 to Oct. 27, 2014
  • Missouri from March 26, 2013 to Oct. 27, 2014
  • Illinois from March 26, 2013 to Oct. 27, 2014
  • Texas from March 26, 2014 to Oct. 27, 2014
  • Georgia from March 26, 2014 to Oct. 27, 2014
  • North Carolina from March 26, 2014 to Oct. 27, 2014
  • Washington from March 26, 2014 to Oct. 27, 2014

Lead plaintiffs alleged in the Fitbit sleep tracker class action lawsuit that the devices were misleadingly advertised. Consumers were told that certain Fitbits, a well-known wearable fitness tracking device, would also track their sleep patterns. However, the Fitbit readings reportedly varied by more than an hour.

According to the Fitbit class action lawsuit, consumers paid upwards of $30 more for Fitbit that had a sleep tracker, as opposed to the non-sleep tracking version of the device. Fitbit owners say they were being told that they got an average of 67 minutes more sleep a night when compared to other tracking methods.



The plaintiffs accused Fitbit Inc. of falsely advertising the Fitbit sleep tracker, contending there was no way the device could accurately track sleep patterns.

The parties originally settled the Fitbit sleep tracker class action lawsuit in August 2018; however, a California federal judge kicked the deal back because of its reliance on coupons as relief for Class Members.

Under the terms of the newly proposed Fitbit class action settlement, Class Members can claim a total cash payment of $12.50 per device. If more than one eligible device was purchased, a separate Claim Form must be submitted for each Fitbit.

Class Members may submit a claim online or by mail. Although no proof of purchase is required, Class Members must have registered their devices online and provided an email address. That same email address must be provided on the Claim Form.

The deadline for Class Members to exclude themselves from the Fitbit sleep tracker settlement is May 30, 2019 and the deadline to object is June 17, 2019.



Who’s Eligible

Class Members include those who bought and registered affected Fitbit devices using an email address in certain states during specific time periods.

The affected models include:

  • Fitbit Flex
  • Fitbit One
  • Fitbit Ultra

The states where the device was purchased and corresponding Class periods are as follows:

  • California from Sept. 1, 2009 to Oct. 27, 2014
  • Florida from Sept. 1, 2009 to Oct. 27, 2014
  • New York from March 26, 2012 to Oct. 27, 2014
  • Michigan from March 26, 2012 to Oct. 27, 2014
  • New Jersey from March 26, 2012 to Oct. 27, 2014
  • Pennsylvania from March 26, 2012 to Oct. 27, 2014
  • Ohio from March 26, 2012 to Oct. 27, 2014
  • Missouri from March 26, 2013 to Oct. 27, 2014
  • Illinois from March 26, 2013 to Oct. 27, 2014
  • Texas from March 26, 2014 to Oct. 27, 2014
  • Georgia from March 26, 2014 to Oct. 27, 2014
  • North Carolina from March 26, 2014 to Oct. 27, 2014
  • Washington from March 26, 2014 to Oct. 27, 2014
Potential Award

$12.50



Proof of Purchase

Email address that was used to register the device.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/22/2019 *UPDATED*

Case Name

Brickman, et al. v. Fitbit Inc., Case No. 3:15-cv-02077, in the U.S. District Court for the Northern District of California

Final Hearing

07/11/2019

Settlement Website
Claims Administrator

Brickman v. Fitbit Inc. Settlement Administrator
c/o KCC Class Action Services
P.O. Box 404104
Louisville, KY 40233-4104
1-855-336-4163

Class Counsel

Patrick J. Perotti
Frank A. Bartela
DWORKEN & BERNSTEIN CO. LPA

Ronald A. Margolis
BONEZZI SWITZER POLITO & HUPP CO. LPA

Defense Counsel

Erin Bosman
MORRISON & FOERSTER LLP

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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57 Comments

  • Margaret gregory December 10, 2019

    Add me.

  • Kassie December 10, 2019

    How on earth are you supposed to remember if you had registered a qualifying device 5 or more years ago?? I remember having a fitbit flex but I have gotten a new device since then and have no record of when I bought it.

    • Anthony December 10, 2019

      Kassie, then if you don’t remember, move on. Simple as that.

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