Brickman, et al. v. Fitbit, Inc.

Brickman, et al. v. Fitbit, Inc. 

Case No. 3:15-cv-2077, N.D. of California

If You Purchased Certain Fitbit Branded Wearables with a Sleep Tracking Function, from September 1, 2009 – October 27, 2014, a Class Action Lawsuit Settlement May Affect Your Rights.
 The United States District Court (N.D. Cal.) ordered this Notice.

ISSUE DATE: March 1, 2019 


YOU MAY BE ELIGIBLE FOR BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT. 
YOUR RIGHTS MAY BE AFFECTED BY THIS SETTLEMENT.
 

The parties who brought the lawsuit against Defendant, Fitbit, Inc., are called the "Plaintiffs." The Plaintiffs claim that the Defendant was the manufacturer of certain Fitbit branded wearable devices that Defendant claimed could track steps, sleep, and other activity: the Fitbit Flex, Fitbit One, and Fitbit Ultra. The Plaintiffs claim that these devices are not able to track sleep as represented to consumers on the product’s packaging. Defendant denies this claim and maintains that the products worked as promised and that it has done nothing wrong. The Court has not decided who is right.

YOU MUST TAKE THE STEPS DESCRIBED IN THIS NOTICE BY MAY 30, 2019. 

Your Legal Rights and Options in this Settlement

Submit a Claim

If you are a Class Member and the settlement is approved, and you timely file a Claim Form, you are entitled to a cash payment of $12.50.

Ask to be Excluded

If you timely exclude yourself, you will not receive any benefit under the proposed settlement, you will not be bound by the Court's decisions, and you can bring your own lawsuit against Fitbit if you choose, but would have to hire and pay your own lawyer.

Object

Write to the Court about why you do not like the Settlement.

Go to the Hearing

Ask to speak in Court about the Final Approval Hearing.

Do Nothing

Get no payment. Give up rights to submit a claim or bring a different lawsuit against Fitbit related to these matters.

UPDATE:  The Final Approval Hearing was moved to August 1, 2019.