On January 5, 2016, three putative class plaintiffs – Kate McLellan, Teresa Black and David Urban – filed a nationwide class action lawsuit against Fitbit Inc. in the Northern District of California. Fitbits are wrist-based devices that track fitness activity. At the center of the suit is the PurePulse Tracker, which records the wearer’s heart rate during fitness activities. The suit brings a panoply of consumer fraud claims – common law fraud, fraud in the inducement, breach of express and implied warranties, and violations of the California Unfair Competition Law and Consumer Legal Remedies Act, along with parallel claims under Colorado and Wisconsin business codes – but rests upon a central allegation. To wit: plaintiffs claim Fitbit’s advertising representations regarding the consistency and accuracy of its PurePulse Trackers in recording heart rates during intense physical activity are false. The Complaint also challenges Fitbit’s use of a post-purchase agreement, required to activate the PurePulse Tracker, as unconscionable.
McLellan v. Fitbit, Inc., Case No. 16-cv-36 (N.D. Cal.)