Robbins Arroyo LLP: Fitbit, Inc. (FIT) Misled Shareholders According to a Recently Filed Class Action
Robbins Arroyo LLP announces that a class action complaint was filed in the U.S. District Court for the Northern District of California. The complaint alleges that officers and directors of Fitbit, Inc. (NYSE: FIT) violated California’s Consumers Legal Remedies Act and California Business & Professions Code § 17200 by engaging in unfair or deceptive trade practices and using misleading advertising. Fitbit, Inc. manufactures and provides wearable fitness-tracking devices worldwide.
Fitbit Accused of Engaging in False Advertising
According to the complaint, in widespread national advertising, Fitbit touted the purported ability of its wrist-based activity trackers to accurately record a wearer’s heart rate during intense physical activity. To perform this function, Fitbit equipped its fitness watches (the “PurePulse Trackers”) with an LED-based technology called PurePulse. Fitbit employed slogans such as “Every Beat Counts” and “Know Your Heart” to emphasize its ability to track every beat. Importantly, the heart rate monitoring function is critical to the health and well-being of consumers whose medical conditions require them to maintain (or not to exceed) a certain hart rate.
The complaint alleges that the PurePulse Trackers do not and cannot consistently and accurately record wearers’ heart rates during the intense physical activity for which Fitbit expressly markets them. Many PurePulse Tracker consumers have allegedly experienced inaccurate heart rate recordings by a significant margin, particularly during exercise. Expert analysis has further corroborated these heart rate discrepancies—a cardiologist tested the PurePulse Trackers against an electrocardiogram, the gold standard of heart rate monitoring, on a number of subjects at various exercising intensities. The PurePulse Trackers were inaccurate by an average of 24.34 beats per minute, with some readings off by as much as 75 beats per minute. The complaint further alleges that Fitbit’s attempt to bind all purchasers of its products to an arbitration clause and class action ban is unconscionable, invalid, and unenforceable.
Fitbit Shareholders Have Legal Options
Concerned shareholders who would like more information about their rights and potential remedies can contact attorney Darnell R. Donahue at (800) 350-6003, or you can complete the form below and we will contact you directly.
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