Fitbit Sleep Tracker Doesn’t Work as Advertised, Class Action Says

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UPDATE 2: On Oct. 26, 2020, Top Class Actions viewers who filed a valid claim for the Fitbit class action settlement started receiving checks in the mail worth $12.50. Congratulations to everyone who filed a claim and got PAID!

UPDATE: On July 15, 2016, a California federal judge refused to dismiss a putative class action lawsuit accusing Fitbit of misleading consumers that its wearable fitness devices can accurately track sleep quality.

Fitbit Inc., the manufacturer of wearable fitness tracking devices, offers a device with a sleep-tracking function that does not perform as advertised, according to a class action lawsuit filed last week in California federal court.

Fitbit manufactures a variety of wireless-enabled devices that track exercise and physical activity to measure personal metrics such as the number of steps walked and calories burned. According to plaintiff James P. Brickman, Fitbit recently began advertising a device that contains a sleep-tracking function that can track how long the device wearers sleep, how many times they wake up, and the quality of their sleep.

“On its always-available website, www.fitbit.com, Fitbit Inc. advertises claims that these sleep-tracking devices will ‘measure your sleep quality. Once the data syncs, graphs on your (device) dashboard will reveal how long you slept and the number of times you woke up, giving you a ‘sleep quality score,’” the Fitbit class action lawsuit alleges. The display presents specific information in the form of exact times and percentages, which purportedly provide the wearer with an accurate assessment of the quality and efficiency of sleep.

Brickman alleges he paid $99 to Fitbit Flex device, which includes a sleep-tracking function, in November 2013. According to the Fitbit class action lawsuit, he relied on Fitbit’s representations that he would receive a device that had a functioning sleep-tracking feature. However, Brickman claims the sleep-tracking function did not work as advertised. According to the Fitbit class action lawsuit, research has demonstrated that the sleep-tracking devices “consistently misidentify” sleep, and may overestimate sleep by as much as 67 minutes.

“Consumers who purchase these products and pay the extra amount for this function do not receive the value of this function for which they paid,” the Fitbit class action lawsuit says.

“Fitbit Inc. has egregiously overstated the ability of the Fitbit sleep-tracking function to perform as advertised,” the class action lawsuit alleges. “At the absolute very least, [Fitbit] has failed to disclose and/or has concealed material facts from consumers, namely, the limitations of the sleep-tracking function of these devices.”

Brickman seeks to represent a Class of individuals who purchased a Fitbit Force, Fitbit Flex, Fitbit One, Fitbit Ultra, Fitbit Charge, Fitbit Charge HR and/or Fitbit Surge. He alleges Fitbit violated California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and the Magnuson-Moss Warranty Act. The Fitbit class action lawsuit also brings charges of common law fraud, breach of express and implied warranty, negligent misrepresentation and unjust enrichment.

The Fitbit class action lawsuit seeks compensatory damages, punitive damages, attorneys’ fees and all other relief deemed appropriate by the court.

Brickman is represented by Patrick J. Perotti and Frank A. Bartela of Dworken & Bernstein Co. LPA and John A. Kithas and Christopher Land of Law Offices of John A. Kithas.

The Fitbit Sleep Tracker Class Action Lawsuit is James P. Brickman v. Fitbit Inc., Case No. 3:15-cv-02077, in the U.S. District Court for the Northern District of California.