Bloomberg Law
July 18, 2016, 5:30 PM UTC

Fitbit Sleep-Tracker Suit Survives Dismissal Bid

Bloomberg Law - Staff Reports

By Julie A. Steinberg, Bloomberg BNA

Fitbit Inc. can’t say good night to would-be class claims by consumers alleging the company misled them into paying a premium for sleep-tracking functions that don’t work.

James P. Brickman and the other plaintiffs adequately alleged claims against the maker of the popular wearable fitness trackers, Judge James Donato of the U.S. District Court for the Northern District of California said July 15.

According to the product owners, the devices use an accelerometer that detects movement, which isn’t a proxy for sleep.

The plaintiffs say they paid a $30 premium for the sleep-monitoring feature. ...

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