• Nike and Apple Agree to Settle the FuelBand Class-Action Lawsuit



    People who purchased the Nike+ FuelBand between the years 2012 and 2015 may be eligible for a small payment from Nike after the sports brand alongside Apple agreed to settle a class action law suit alleging the companies falsely advertised the device’s health tracking capabilities.

    Based on the agreed upon terms reached in June, Nike will be dishing out roughly $2.4 million to customers who purchased a FuelBand product anytime between January 19, 2012 and June 17, 2015 to settle a class action lawsuit first leveled against itself and Apple in 2013. It should be noted that despite being named as a defendant, Apple doesn’t hold any responsibility or liability for attorneys’ fees or costs.

    The plaintiffs for the case, which were led by the class representative, Carolyn Levin, alleged that Nike’s FuelBand is unable to live up to advertisements when it comes to touting the ability to track calories burned, steps and overall activity, which represented a conceptual “NikeFuel” reading instead. The suit claims that both Nike and Apple were aware of the deficiencies but continued to sell the device to unsuspecting consumers.

    Based on the attorneys representing the class, the companies misled consumers by promoting FuelBand in stores, television, online and elsewhere. For example, Apple sold various FuelBand models in its stores and only stopped sales in March. Since FuelBand was never capable of performing advertised tracking functions, Nike appears to be breaching the warranty that the suit asserts.

    Potential class members were sent notices this past week via email, providing instructions on how to file settlement claims for either a $15 payment or $25 gift card redeemable at Nike retail and online stores. It should be noted that those who were notified do have the option of objecting or excluding themselves from the settlement.

    As of right now, a fairness hearing is scheduled for November 4th to discuss settlement terms, attorneys’ fees and expenses and an award for the class representative. Those of you looking for more info can find it at the settlement’s website.

    Although Apple didn’t have to pay out, it’s likely to be more careful with future cases that might fall into a similar category as this one.

    Source: NikeFuelBandSettlement via AppleInsider
    This article was originally published in forum thread: Nike and Apple Agree to Settle the FuelBand Class-Action Lawsuit started by Akshay Masand View original post
  • Connect With Us

  • Twitter Box

  • Facebook