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ARTICLE · 27 APRIL 2018

Plaintiff Hopes His Fitbit Class Action Keeps On Beating

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Last man standing in case against fitness-fashion designers

United StatesLitigation, Mediation & Arbitration
Alan Friel
Alan Friel
Holly Melton
Holly Melton
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Last man standing in case against fitness-fashion designers

On Your Marks ...

Plaintiff Robb Dunn joined a class action lawsuit against FitBit filed by three other plaintiffs in January 2016, when his case against the company and a number of similar cases were consolidated with the original. The new amended complaint landed in the Northern District of California in May 2016, with a total list of 13 named plaintiffs.

If this genealogy was complicated, so was the complaint. It started off simple. The plaintiffs charged FitBit with falsely representing that several of its wearable fitness products, including the "Charge HR," "Surge" and "Blaze" fitness watches, were equipped with technology that would consistently and accurately record the wearer's heart rate. They cited expert testing that they claimed proved that the products – nicknamed the "PurePulse Trackers" after the underlying technology – were inaccurate.

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