FitBit Facing Lawsuit Alleging Company Not Fulfilling Fitness Promises
One of the most popular Christmas gifts of 2015 was the Fitbit, a wearable wristband device that monitors and tracks heart rate to help consumers stay in shape. However, the makers of the Fitbit are facing a lawsuit that alleges the gadget does not accurately monitor heart rate as claimed. Three plaintiffs are filing the lawsuit on behalf of all consumers on the basis of false advertising.
Petty PurePulse Tracker
Fitbit utilizes descriptions of “Every Beat Counts” and “Know Your Heart” for its PurePulse Trackers. However, testing confirms the plaintiffs’ claims that the PurePulse Trackers do not consistently and accurately record heart rates. In the tests, the Trackers were off by an average of 25 beats per minute and as much as 75 bpm. This can become dangerous for those who need to maintain a certain heart rate in order to live. Fitbit inserted the PurePulse Trackers in two of its models, the “ChargeHR” (which costs $150) and “Surge” (which costs $250).
Terms & Agreements
How many people actually read the terms and agreements of a product before usage? Not too many. They are usually wordy and filled with lawyer ‘mumbo-jumbo’ that is hard for the average man to comprehend. However, consumers should have read the Fitbit terms and agreements anyway. When accepting the terms and registering your Fitbit, or even if you simply visit the Fitbit website, you automatically surrender your right to a jury trial regarding its product. The plaintiffs say this is “constitutes an unfair and deceptive trade practice.”
Product Liability in Tennessee
If this lawsuit were to occur in Tennessee, Fitbit would be in serious trouble. The main objective of product liability is to ensure that a product being sold works properly as claimed. If there is enough evidence of a product malfunction, companies are responsible for compensating their consumers for damages. In the Fitbit case, since there is clear evidence of the PurePulse Trackers not working properly, it could lead to serious heart-related health risks. It is a textbook defective product case.
Nashville Product Liability Attorneys
If you are a victim of a defective product, do not hesitate to seek compensation for damages. At Turner Law Offices, P.C., we have years of experience in handling product liability cases. Our well-trained attorneys have the knowledge and experience to handle your case and will work tirelessly to give you the compensation you deserve. Call our offices or go online to Request a Free Initial Consultation to speak with one of our lawyers ready to hear your case today.
