Google to arbitrate claims that Fitbit smartwatches burned customers’ skin

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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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