While the class action lawsuit against Fitbit might be attracting interest, many experts have long been skeptical of the accuracy of heart rate-based wrist monitors. In recent years, CNET tested five heart rate monitors made by Samsung, Garmin, Basis and Withings, finding they were often inaccurate in tracking heart rate. The reason is that the transmitter is not designed to detect low heart rate efficiently. Instead, it relies on a standard RF signal that can detect low frequency heartbeats. This can cause the watch to misinterpret an elderly person’s signals or show a falsely low number of heartbeats when the real number is much higher.
Class Action Lawsuit Against Fitbit
If Fitbit could not prove it was an accurate heart rate monitor, how could it prevail in a class action? Currently, Fitbit has challenged those conclusions in court documents filed in the Southern District of Florida. In the complaint, Fitbit contends that plaintiffs cannot demonstrate that it is an accurate device, because plaintiffs would have no way to detect an inaccuracy except by purchasing and using another monitor.
Moreover, Fitbit contends that if the FDA approves its current design, there will be no need for the FDA to approve a new model, because all of the devices currently on the market are perfectly safe.
These statements are disputed by the FDA, which declined to regulate Fitbit, despite the product’s close connection to the Heart Disease Supercharger, which was a supplement used by athletes such as Olympic gold medalists.
There are other reasons why the lawsuit might not succeed.
For example, Fitbit probably could lose appeal if the courts find that it is relying on a defective or misimplemented technology. Additionally, the class action lawsuit against Fitbit might not survive if the FDA rejects Fitbit’s arbitration clause. These clauses allow manufacturers to arbitration claims in cases where they are not able to settle outside of the traditional judicial setting.
Most importantly, Fitbit cannot survive if plaintiffs are able to successfully claim that it fails to provide an accurate heart rate monitors.
Plaintiffs contend that there is nothing wrong with relying on intense physical activity to improve one’s health. The FDA agrees that manufacturers should limit use of their products to one extreme rather than two. However, it is currently examining whether a class action lawsuit can extend to a manufacturer’s use of “extensive training” to sell its HRM.
A class action lawsuit is generally not successful if the class is composed of consumers who suffer from similar problems.
The FDA is examining whether Fitbit’s HRM and heart rate monitoring technology constitute a safety or security violation. If Fitbit is found guilty of this violation, Fitbit will be forced to remove all references to heart rate monitoring technology from its products, including advertisements and website content. As we previously explained, if the class action lawsuit successfully brought by plaintiffs is instituted against a manufacturer of a HRM, the result will be irreparable harm for the victims.
If Fitbit were to lose this case, it would face an immediate financial catastrophe and could suffer irreparable damage from having to abandon its products and deny its millions of customers access to an affordable personal exercise equipment solution.
There are many class action lawsuit against Fitbit currently pending in federal courts throughout the country.
If you would like to join these lawsuits, you should consult with a qualified, experienced attorney who specializes in personal product liability. He or she will be able to assist you in determining if your lawsuit has a strong chance of winning.
In addition to seeking damages for the injury you have sustained, you may also want to pursue additional compensation for your pain and suffering. A Fitbit attorney can help you determine how much each element of your lawsuit will cost you, and whether or not you have a likelihood of winning on all counts.