Sports clothing giant Nike has settled a class-action lawsuit alleging that their FuelBand fitness tracker cannot accurately measure fitness data.
The data affected includes how many calories are burned and how many steps are taken.
Nike have confirmed they will give partial refunds or gift cards to people who bought the product in the last three and a half years, according to an online settlement notice. Nike are expected to pay up to $2.4 million to customers who purchased its FuelBand between January 19, 2012, and June 17, 2015. Eligible customers must file a claim by January 4, 2016, in order to be applicable and will receive either a $15 check or a $25 Nike gift card.
According to the details of the lawsuit, filed at Los Angeles County Superior Court on May 17, 2013, Nike and Apple violated consumer protection laws by making false claims about the FuelBand’s ability to track fitness data. False advertising and breaching of warranty have also been noted.
ABC News confirmed that Carolyn Levain from Los Angeles is the named plaintiff who filed the lawsuit regarding the device, which was first released in 2012. Levain purchased one for herself and eight as gifts. The lawsuit disputes claims that the device “measures each step taken and calorie burned.”
Apple, who sold the product through their retail stores before they released their Apple Watch in April, will not have to make any payments. Plaintiffs also alleged Apple and Nike failed to fully honour the warranty of the product. Both companies deny these claims, but agreed to the settlement to avoid further expense, distraction, and inconvenience of litigation.
According to Computerworld, the sensors have been called into question for their accuracy, especially by professionals in the medical community. Doctors confirmed they wanted the sensors to be tested thoroughly and results to be confirmed and validated before the information obtained could be used to make serious medical decisions.
In 2014, Nike revealed they would focus on software development going forward, not hardware. The FuelBand is no longer available on Nike’s website or in their stores. However, a fitness tracking app is available on the iPhone and can be downloaded from the Apple store.
Apple released their Apple Watch to the public in April and intend to release it to Best Buy in August, as reported on the Inquisitr.
A hearing is scheduled for November 4 to determine whether the proposed settlement with Nike will be approved.