Nike+ FuelBand False Advertising Class Action Lawsuit

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A new class action lawsuit filed Friday accuses Nike Inc. and Apple Inc. of charging $150 for a bogus fitness device called the Nike+ FuelBand that is supposed to track every step and calorie the person wearing it burns, but doesn’t work as advertised.

California plaintiff Carolyn Levin alleges in the class action lawsuit that Apple and Nike knew that the Nike+ FuelBand registers inaccurate readings but marketed it and sold it anyway with exaggerated claims about its capabilities.

“In truth, the Nike+ FuelBand cannot and does not track each calorie burned, and users experience wildly inaccurate calorie burn readings when using the FuelBand,” Levin says in the class action lawsuit. “As a result of defendants’ conduct, buyers of the FuelBand, including class members, were in fact misled into purchasing a device that defendants purported would track calories burned when in fact it cannot and does not track calories burned, misleading and damaging customers.”

Levin says the companies have sold thousands of Nike+ FuelBands based on these allegedly false and misleading marketing claims.

The class action lawsuit is brought on behalf of all consumers who purchased the wristband device since January 2012, when it was first released. It is seeking damages, disgorgement of profits, injunctive relief and more for claims of negligent and fraudulent misrepresentation, and violation of California’s business and professions code.

The Nike+ FuelBand Class Action Lawsuit case is Carolyn Levin, et al. v. Nike Inc., et al., Case No. BC509363, in the Superior Court of the State of California.

The plaintiffs are represented by Thomas V. Girardi and Graham B. Lippsmith of Girardi Keese and the Law Offices of Paul N. Philips APLC.

UPDATE: Instructions on how to file a claim for the Nike+ FuelBand class action settlement are now available! Click here or visit www.NikeFuelBandSettlement.com for details.