Consumers from California, Colorado, and Wisconsin have filed a nationwide class action lawsuit against Fitbit, alleging that the company’s Charge HR and Surge activity trackers do not and cannot consistently record accurate heart rates during the intense physical activity for which Fitbit expressly markets the devices in its ads. The suit, backed by expert testing, claims that the Heart Rate Monitors consistently mis-record heart rates by a significant margin, particularly during intense exercise.
Plaintiff Kate McLellan, a serious fitness enthusiast, said that she bought a Fitbit Charge HR because she wanted to track her heart rate accurately and consistently while exercising. And when she complained to Fitbit, they refused to refund her the money.
Robert Klonoff, one of the lawyers representing Ms. McLellan and the other Plaintiffs and a former Assistant to the Solicitor General of the United States, said that “Fitbit marketed these products through aggressive and widespread advertising to consumers who were not only deceived in the devices’ true functionality, but who also were put at a safety risk by trusting the Fitbit Heart Rate Monitors’ inaccurate measurements. Many thousands of consumers paid a premium to get accurate heart rate monitors, and instead got devices that do not work as promised.”
The proposed class consists of all persons or entities in the United States who purchased a Fitbit Heart Rate Monitor (the Charge HR and Surge Fitbit products), excluding those who purchased their Heart Rate Monitors directly from Fitbit on Fitbit.com and who did not opt out of the arbitration agreement.
The lawsuit seeks injunctive relief to compel Fitbit to cease its deceptive marketing and sales of the Heart Rate Monitors, as well as actual damages payments to class members to compensate them for their economic injuries from Fitbit’s fraudulent conduct. The suit also asks the court to require Fitbit to disgorge its unjust profits and make restitution to the Plaintiffs and the class members. Finally, the suit alleges that Fitbit’s conduct was “systematic, repetitious, knowing, intentional, and malicious,” and demonstrated a lack of care and reckless disregard for Plaintiffs’ and class members’ rights and interests, and thus warrants an assessment of punitive damages consistent with the actual harm it has caused, the reprehensibility of its conduct, and the need to punish and deter such conduct.
Those who purchased the Fitbit Charge HR or Fitbit Surge are invited to visit the Fitbit Heart Rate Monitor lawsuit page to contact a consumer attorney at Lieff Cabraser.