Nike To Settle FuelBand Class Action Lawsuit With $25 Gift Card

27 Jul 2015 | Author: | No comments yet »

Apple and Nike Agree to Settlement Over FuelBand Claims.

Both Nike & Apple have mutually agreed to settle in one class action lawsuit which alleged that both sold Nike FuelBand fitness trackers even though they knew that the biometric measurements of the device were inaccurate.If you are the owner of a Nike+ Fuelband , or can prove that you have purchased one in the last three years, then you are eligible to receive $25 dollars from Apple and Nike.Furthermore, Business Finance News reports that Nike+ FuelBand users, who purchased the wearable gadget between January 19, 2012 and June 17, 2015, can file in a damage claim, latest by January 4, 2016. Furthermore, inspite of being named in the Lawsuit, Apple is noted to be excluded from the liability to pay any part of the settlement, as the two industry giants have previously collaborated on the fitness tracking bracelet.

As a result Nike will pay owners of the fitness band $25 in the form of a Nike gift card, or a $15 check, according to a website established by Gilardi and Co., a class action claims administrator. Jay Blahnik, the fitness guru was consulted while FuelBand was being created joined the company in 2013 and was also an important player in the development of the health tracking functions for the Apple Watch.

Consumers proved in a court of law that figures related to calories burned, steps taken, and overall activity were incorrect and the two companies used false advertising to market the product with that knowledge. Levin showed that the FuelBand doesn’t accurately track fitness measurements like the number of calories burned, the number of steps made, and overall physical activity as it was advertised to do. Nike and Apple were first sued in 2013, led by plaintiff Carolyn Levin, under allegations that the Nike+ Fuelband is unable to provide many of the features advertised, including the ability to accurately measure calorie burn, steps, and general activity.

Apple is particularly under fire for this accusation, as they have been selling Nike+ Fuelband models up through last March—years after allegations took place. Attorneys representing the class claim that the fitness app’s inability to function as advertised also breaches the product’s warranty, with Nike to blame. However, only Nike seems to be taking the heat for their accusations, as Apple has been confirmed to share no responsibility and/or liability for the attorney’s costs. If an inaccurate figure is provided for a user’s weight, for example, then it raises doubts about whether reports of gains or losses are also on the dot.

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