Fitbit now faces a class-action lawsuit over rashes caused by the Fitbit Force. The company previously issued public statements and recalled the product after 1.7% of Force users had reported an irritation. But that’s apparently not good enough for one Force owner who, according to the WSJ, had not experienced any adverse side-effects from wearing his Force.
Jim Spivey, a 49-year-old aviation teacher, feels Fitbit did not do enough to alert consumers about the potential for injury. “I have a concern that there is still a risk of developing an injury for me and others,” he says.
He has not developed any skin irritations.
The class-action lawsuit is seeking Fitbit to contact every Force owner in California and arrange to refund the $130 cost of the Force along with tax and shipping fees. John Fiske, head of the mass torts practice at the Gomez Firm in San Diego, filed the case.
Fitbit already offers a full refund of the Force and provides a free shipping kit. The startup has stopped selling the device and the Force product page redirects visitors to a notice from CEO, James Park, about the voluntary recall. The company also previously emailed all registered Fitbit owners about the recall.
A Fitbit spokesperson provided this statement to TechCrunch which reiterates Fitbit has long offered a way for owners to get a full refund for the Force.
Based on our initial review of the lawsuit, the complaint asks for a recall of Force and a refund to consumers. Fitbit took initiative long before this complaint was filed, publicly offered refunds, and worked closely with the CPSC on its voluntary recall program. We strongly disagree with the statements about the product and the Company.