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Wearable Fitness Tracking Devices

By Kristin Jamberdino and Christopher Mason
May 01, 2016

In last month's newsletter, we discussed'

Fitbit Devices

Unlike Nike's FuelBand or Jawbone's UP, the initial significant consumer claims over Fitbit products involved allegations of physical harm from the materials used in the manufacture of the device. The first of such cases involved allegations of severe skin irritation from the wristband of the Fitbit Force. See, e.g., Complaint, Hodson v. Fitbit, Inc., No. 1:14-cv-02128 (N.D. Ill. Mar. 26, 2014); Complaint, Judelsohn v. Fitbit, Inc., No. 4:14-cv-01287 (N.D. Cal. Mar. 20, 2014). Each of these putative class actions was quickly (and almost concurrently) dismissed on a voluntary basis. See Hodson, No. 1:14-cv-02128 (N.D. Ill. Sept. 29, 2014) [PACER Dkt. 40]; Judelsohn, No. 4:14-cv-01287 (N.D. Cal. Sept. 25, 2014) [PACER Dkt. 40], likely indicating that individual settlements occurred (which would not be surprising, because personal injury claims on a class-wide basis for consumer products often face substantial class certification barriers).

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