Update:
- Consumers who alleged that Google Fitbit smartwatches burned their skin must arbitrate their claims against the company after a federal judge in California found an arbitration provision in the terms of service they signed was “reasonably conspicuous.”
- U.S. District Judge Beth Labson Freeman also rejected the customers’ argument that they had forgotten that the terms of service agreement they signed contained an arbitration provision.
- Customers fought against arbitration by arguing that the terms weren’t displayed on the packaging for the Fitbit smartwatches and that some of the wording in the arbitration provision was ambiguous, among other things.
- However, Judge Freeman ruled Google’s failure to display the terms on the packaging doesn’t overshadow the notice of the terms.
- Customers initially filed a class action lawsuit against Google over claims the company knew that its Fitbit smartwatches had a problem with overheating for years.
Google Smartwatches Burn Class Action Lawsuit Overview:
- Who: Two Fitbit buyers are suing Google for violations of state and federal consumer laws.
- Why: The plaintiffs say Google sold Fitbits with a known defect that causes the watches to overheat and cause burns.
- Where: The lawsuit was filed in a California federal court.
(May 03, 2022)
Google sells at least 12 models of Fitbit smartwatches with an identical problem causing them to overheat and burn consumers, but it only recalled one of them, a new class action lawsuit alleges.
Plaintiffs Jenny Houtchens and Samantha Ramirez filed the class action lawsuit against Google LLC Apr. 29 in a California federal court, alleging violations of consumer laws.
The plaintiffs allege that the faulty Fitbit models include Versa, Versa 2, Versa 3, Charge 4, Versa Light, Ionic, Sense, Alta HR, Inspire, Inspire HR, Inspire 2 and Blaze but that Google has only recalled the Ionic.
The company recalled its Fitbit Ionic Smartwatch on Mar. 2 after receiving at least 115 reports of the battery overheating with 78 people burned in the United States so far. Consumers were warned to “immediately stop using” the recalled watch.
However the lawsuit alleges it is not just Ionic users who are in danger. Plaintiffs Houtchens and Ramirez say they have different Fitbit models and that they overheated, causing burns of the wrist for Ramirez and for the daughter of Houtchens.
“While one of the Products – the Fitbit Ionic smartwatch – was recalled, the same defect exists throughout all of the Products,” the lawsuit alleges. “In fact, the defect has been present in all of the products for years. Defendant fails to acknowledge this and instead places the blame on one ‘bad apple’ to avoid liability and diminished sales for the ‘whole bunch.’”
Fitbits ‘Useless’ Due to Burn Risk, Class Action Says
When consumers contact Fitbit about the safety risk, the company attempts to “wash away” the harm it allegedly caused by shifting the blame to consumer hygiene rather than focusing on the products, the plaintiffs say.
The defect renders the devices worthless to most consumers,with the Fitbits being thrown away or stored in a closet, the lawsuit says. It says the defect also puts millions of airline passengers at risk of fire on the plane.
“Reasonable consumers, like Plaintiffs, purchase the Products to burn calories – not their skin – and to safely pursue a healthy lifestyle with the aid of a smartwatch,” according to the class action lawsuit.
The plaintiffs are suing under state consumer laws and for breach of federal warranty laws. They are looking to represent anyone in the United States who bought one of the Fitbits in question, plus California, Pennsylvania and multistate classes. They’re seeking certification of the classes, restitution, damages, an injunction, fees, costs, interest and a jury trial.
Do you have one of the named Fitbits? Let us know your experience in the comments!
The plaintiffs are represented by Christopher T. Aumais of Good Gustafson Aumais LLP, R. Allen Smith of The Smith Law Firm, PLLC and Steffan T. Keeton of The Keeton Firm LLC.
The Google LLC Class Action Lawsuit is Jenny Houtchens et al., v. Google LLC, Case No. 5:22-cv-02638, in the U.S. District Court Northern District of California.
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57 thoughts onGoogle to arbitrate claims that Fitbit smartwatches burned customers’ skin
Fitbit burned my wrist too. I got mine last year. i wish i had known about this issue, i never would have gotten it!
My versa 3 started getting glitchy so I asked for the 4 for christmas. At the beginning of February it started saying it could not charge bc the battery was too hot. I charged up my old one while I have spent weeks sending them pictures and emailing back and forth with them. My old fitbit won’t hold a charge more than 15 minutes since the newest update. I now have two useless fitbits and have been annoying customer service over status updates of a replacement. My last correspondence was from March 8. So today I used the chat feature and was told they would email me soon.(Soon as in days, not minutes) why is this happening to thee devices and why aren’t they fixing it for people? I can’t be the only one having been treated like this as a loyal fitbit customer. But seeing I enjoy the perks of on wrist notification and not health metrics, I am going to have to find a better alternative. Meanwhile I will continue to annoy and be a thorn in customer services *** until a new fitbit reaches my mailbox
I purchased a Fitbit 4. After wearing it just once, my skin was burnt on my left wrist. I switched it to my right wrist and now I have burns on both wrists. I know the 4 isn’t in your list but it definitely should be.
So, I have a fit it charge 6. I received it through my insurance company. Wore the watch for 3 days just to track my sleep and such .. then I took it off and noticed a faint red mark on the underside of my wrist at the spot i had worn it. Didn’t think to much on it figured I had it on to tight. Next time I wore it the marks were deep in color and slightly itchy. Figured skin was just getting use to it. The third time now wearing it, and my skin is peeling, and now burns almost like a sunburn… Wont be wearing it anymore.
I’ve had same/similar experience as others whereby my charge 5 started freaking out all night keeping me awake with the sensors exploding light and noise but I didn’t feel burning yet. It was impossible to sleep but fiat 5am sport for on hour and when I woke my wrist was badly burned. At this point there was nothing in the news about charge 5 Fitbit burning people. I contacted Fitbit and they tried on the hygiene thing which really posed me off. I have serious lung problems so have to wash hands constantly and keep away from situations whereby I may catch something. I’m very careful and I have to be very hygienic!! They did replace the watch which was still under warranty but the new one did a similar thing but didn’t burn me as badly. This time they have been completely awful and even discriminating against me as I haves visual impairment and cat do all the many many things they are asking me to. 4 months now and they now have the watch. But no refund or anything! They had agreed if I sent the watch they would refund me!!’ But note they say they will only refund if I haves PayPal account which I do not and can’t set one up due to my vision. I don’t want one either!! Total crooks!! They now have my watch!!! But no refund!! Since Google has taken over they are a complete nightmare. Awful awful customer care. Rude condescending discriminating you name it!!
I woke up too a loud pop noise and sharp pain on my wrist. Fitbit sense2 “exploded” on me. Fitbit said they never heard about that happening close to 2months later they sent replacement 7/05/024 that has to be charged 6 times a day. It does the 7 times blue screen red x flash & yesterday was flashing logo and not doing anything I couldnt even turn it off. I havent worn it 7/7/024. Trying to get hold of someone to help me at fitbit.
I wore my Sense 2 for a few days straight and noticed a red spot the size of a quarter on my arm. I have stopped wearing it for about two weeks now. The raised lump is smaller but hasn’t gone away. It will leave a scar for sure