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-   -   Lawsuit filed against Fitbit over skin irritation caused by Force (http://forums.macnn.com/113/tech-news/509071/lawsuit-filed-against-fitbit-over-skin/)

 
NewsPoster Mar 20, 2014 12:59 PM
Lawsuit filed against Fitbit over skin irritation caused by Force
Fitbit has been targeted by a lawsuit over medical issues claimed to be caused by one of its wearable fitness trackers. Gomez Law from San Diego has filed the suit, claiming Fitbit has "misled" its customers and caused nearly two percent of its customers to develop <a href="http://macnn.com/rd/306365==http://www.electronista.com/articles/14/02/21/company.offering.full.retail.refund.for.those.requ esting.return/" rel='nofollow'>skin irritations</a> from wearing the <a href="http://macnn.com/rd/306366==http://www.electronista.com/articles/13/10/10/display.on.fitbit.force.provides.activity.statisti cs.call.notifications/" rel='nofollow'>Fitbit Force</a>, and demanding the company refunds purchasers of the device. <br />
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The suit asks for the company to contact customers in California to organize a full refund for the tracker, <a href="http://macnn.com/rd/306362==http://recode.net/2014/03/19/fitbit-faces-lawsuit-over-skin-rashes/" rel='nofollow'>reports</a> <em>Recode</em>. The company has <a href="http://macnn.com/rd/306363==http://www.electronista.com/articles/14/01/15/fitness.tracker.causes.rash.of.complaints.over.ski n.reaction/" rel='nofollow'>already performed</a> a voluntary recall of the Fitbit Force, offering a complete refund or a trade for another tracker from the range, though this is evidently not enough for the firm. <br />
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<div align='center'><img class='mobile-img' src='http://photos.macnn.com/article_images/1395330939-md-fitbitforce3.png' width='591' height='547' alt='Fitbit Force' border='0' pagespeed_url_hash="1724163859"/><br/><span class='minor2'>Fitbit Force</span></div><br />
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In a posting on <a href="http://macnn.com/rd/306364==https://www.facebook.com/291945127619715/photos/a.296985410449020.1073741827.291945127619715/300930126721215/?type=1&stream_ref=10" rel='nofollow'>Facebook</a> asking for more people affected by the trackers, Gomez claims the Fitbit Force "is a dangerous, defective product causing skin burns, blisters, open wounds, skin cracking, peeling, and tissue and nerve damage, among other injuries." While the suit has been filed on behalf of a client, the firm is attempting to turn it into a class action case. <br />
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Fitbit responded to the report about the lawsuit in a statement, noting that it has publicly offered refunds before the complaint was filed. The company is "working closely" with the CPSC on the recall program, with the statement ending "We strongly disagree with the statements about the product or the company."
 
hayesk Mar 20, 2014 05:48 PM
"demanding the company refunds purchasers"
"offering a complete refund or a trade for another tracker from the range"

So, they're offering a refund, which is what the suit wants Case closed, then?
 
Charles Martin Mar 20, 2014 07:00 PM
hayesk: but the company's own solution doesn't include lawyer fees, y'see ...
 
daqman Mar 20, 2014 07:46 PM
Litigation happy or what? When my son was about eight he developed a rash on his leg with a really unusual pattern. I took him to the paediatrician who was stumped. It turned out that it was a plastic Star Wars Imperial Star Destroyer that he had in his bedroom and had fallen asleep on top of. A few hours in contact with the plastic brought up the rash in the pattern off the star destroyer's top. Did I sue? No! I gave the toy to his brother.
Despite the popularity the FitBit company isn't big. Even if they handed out a couple of hundred of these to testers there is a chance that none of the testers had a problem, especially if they didn't wear them 24/7. Then you hand them out to thousands of people and problems show up. FitBit then did the right thing and issued a recall offering a full refund. Was there negligence? No, it's called life!
 
auto_immune Mar 21, 2014 12:42 AM
Scumbag ambulance chasing lawyers gotta do something when ambulances don't bring in enough $$.....
 
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