Emily Sortor  |  August 7, 2018

Category: Consumer News

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UPDATE 3: 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 2: February 2019, the Fitbit sleep tracker class action settlement is now open.Click here to file a claim!

UPDATE: On Sept. 13, 2018, the Fitbit sleep tracker class action settlement wasdeclined by a federal judgefor a few reasons, but chief among them was a concern over the use of Fitbit coupons that would be given as part of the deal. 


Fitbit reached a settlement deal resolving a class action lawsuit that claims the fitness device’s sleep-tracking capability is defective.

The total settlement amount has not yet been revealed, nor has the amount that will be allocated to attorneys fees.

However, under the proposed Fitbit class action settlement, Fitbit will provide affected customers with a $5 voucher that will not expire and can be used on Fitbit’s website, as well as a $10 cash payment.

The customers who brought forward the Fitbit sleep-tracking class action lawsuit filed a motion requesting that a California federal court grant preliminary approval to the proposed settlement last Wednesday.

The consumers and the fitness company were scheduled for pretrial motion hearings on Aug. 2, but a California federal judge canceled the hearings in light of the proposed settlement.

A hearing on the motion for preliminary approval of the settlement deal has been set for Sept. 13.

This proposed Fitbit class action settlement could resolve almost three years of litigation between consumers and the company, which involved a move to dismiss by Fitbit.

The Fitbit inaccurate sleep-tracking class action lawsuit was filed in May 2015 by James P. Brickman and joined shortly thereafter by Margaret Clingman. The two plaintiffs claimed that the Fitbit device was incapable of accurately tracking sleep, despite the fact that the company advertised the device’s accuracy.

According to the Fitbit false advertising class action lawsuit, Fitbit’s misrepresentation of its device constituted a violation of California and Florida consumer protection laws.

Consumers who purchased Fitbit devices in New York, Pennsylvania, Ohio, Michigan, New Jersey, Missouri, Illinois, Washington, Texas, Georgia, and North Carolina are also covered by the class action lawsuit. The total Class size is more than 1,000 consumers.

Brickman and Clingman say Fitbit claimed that the device could accurately record the amount of time that a wearer spent asleep, the quality of their sleep during the night, and the time they wake up. However, the consumers report that the device is much less accurate than other devices on the market.

Allegedly, the devices often over-reported the amount of sleep a wearer got, saying that a person got around 67 minutes more of sleep a night than they actually did.

The Fitbit sleep-tracking inaccuracy class action lawsuit claims that because the sleep-tracking products are priced higher than the non sleep-tracking products, customers paid around $30 more than they otherwise would have, to purchase the sleep-tracking product as opposed to the non sleep-tracking product.

Allegedly, many customers choose the sleep-tracking product specifically because of the company’s advertisements of it, and were willing to pay more because they hoped to use the sleep-tracking feature.

Based on this, the Fitbit sleep-tracking inaccuracy class action lawsuit claims that customers were financially injured by Fitbit’s advertisement of the product.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The customers are represented by Patrick J. Perotti and Frank A. Bartela of Dworken & Bernstein LPA, and by John A. Kith’s and Christopher Land of the Law Offices of John A. Kithas.

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

 

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253 thoughts onFitbit Reaches Sleep-Tracking Class Action Settlement

  1. Robert Terry says:

    Please add me

  2. Kelley Green says:

    Please add me

  3. Beckie says:

    What does this mean? Is it over?

    “UPDATE: On Sept. 13, 2018, the Fitbit sleep tracker class action settlement was declined by a federal judge for a few reasons, but chief among them was a concern over the use of Fitbit coupons that would be given as part of the deal.”

  4. Janice S. Farrar says:

    Please add me.

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