Settlement Looms in Fraud Class Action Against Fitbit Fitness Trackers

Plaintiffs Bettye Foster and Deborah Hunter and defendant Fitbit “are in active settlement discussions that may resolve this matter in its entirety and obviate the need for further proceedings,” said their joint case management statement Thursday (docket 3:23-cv-02753) in U.S. District Court for Northern California in San Francisco. The June 2 putative fraud class action alleges Fitbit fitness trackers are “incapable” of rendering accurate blood oxygen readings for people of color, yet Fitbit conceals that incapability from the buying public (see 2306030001). U.S. District Judge Trina Thompson had ordered the joint statement in preparation for an initial case management conference scheduled for Aug. 31. The parties dispensed with a full joint case management statement “to avoid burdening” the court in light of the ongoing settlement talks, they said, and asked that the conference be taken “off-calendar.” The parties by Aug. 31 will either submit an update on the settlement status or plaintiffs Foster and Hunter will file a dismissal, said the statement.