Laura Pennington  |  September 18, 2018

Category: Consumer News

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


A Fitbit class action settlement deal that would have closed out the lawsuit was denied by a California federal judge.

The Fitbit class action lawsuit was filed after consumers argued they paid extra for sleep tracking functions on the device that never operated as promised.

The Fitbit sleep tracker class action lawsuit deal was declined by the 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 settlement.

The Fitbit class action settlement agreement proposed to the court included terms that Fitbit would give each Class Member a $10 cash payment in addition to a $5 coupon with no expiration date to be used on the company’s website.

The federal judge reviewing the proposed Fitbit sleep-tracking class action settlement deal said that the order included no conduct remedies for the marketing and false advertising statements lodged in the initial lawsuit.

Furthermore, the judge said that the deal included an overly broad class release and the use of a coupon instead of an all-cash payment that had been requested by the Class Members initially.

The Fitbit class action lawsuit was originally filed in May 2015 by a consumer who argued that he and others had paid extra for a function on the device that was supposed to track sleep patterns.

The plaintiff said, however, that the device didn’t work properly and that the company misled him and other consumers. Later, a second lead plaintiff was added to the Fitbit class action lawsuit.

The Fitbit class action lawsuit accused the manufacturer of violating consumer protection laws in Florida and California due to the false claims that the device tracked sleep habits and patterns.

Those consumers said they paid an extra $30 in order to purchase the Fitbit Zip, the device that contained the supposed sleep-tracking ability.

According to the Fitbit class action lawsuit, a study found that the Fitbit sleep-tracking devices were off by an average of 67 extra minutes of sleep, misleading consumers through a device function those buyers had paid extra for.

The discovery process revealed that at least 1,000 affected devices had been sold during that period, meaning that as many Class Members could be included.

Following a failed Fitbit motion to dismiss and multiple rounds of pleading in that Fitbit class action lawsuit, the court certified a California Class and a Florida Class who purchased and registered one of three devices: the Fitbit Flex, the Fitbit One, or a Fitbit Ultra from 2009 through the end of Oct. 2014.

The consumers who filed the Fitbit class action lawsuit say the company falsely advertised the sleep-tracking function and led consumers to pay a premium for a device that didn’t work as promised.

The plaintiffs are represented by Patrick J. Perotti and Frank A. Bartela of Dworken & Bernstein Co. LPA and Christopher Land of the Law Offices of John A. Kithas.

The Fitbit Sleep Tracker 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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4 thoughts onFitbit Sleep Tracker Class Action Settlement Deal Denied

  1. Anita Facchini Gleba says:

    Hi so what does this mean? There is no longer a class action suit against fit bit ? I have 2 and would like to know.
    Thanks

  2. Mrs. JONES says:

    I really have a hard time believing my sleep is really being track, by saying I sleep only 5 hours a night.

  3. Sabrina Williams says:

    Add me

    1. Raphael Chieke says:

      Add me

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