Apple and Nike Settle FuelBand Class Action Lawsuit

[MacRumors]

Apple and Nike settled a two-year-old class action lawsuit that challenged their advertising claims regarding the Nike+ FuelBand. The lawsuit alleged that Nike and Apple made misleading statements about the FuelBand's ability to accurately track steps, calories and NikeFuel.

Under the settlement, customers who purchased a FuelBand between January 19, 2012 and June 17, 2015 can make a claim for either a $15 payment or $25 gift card redeemable at Nike-owned stores in the United States and Puerto Rico or at Nike's online shop. The number of claims that a customer may submit depends on the number of FuelBands they purchased. Claims can be submitted until January 4, 2016.

While Apple was included in the class action lawsuit, Nike will be paying the settlement administrator and attorney's fees on its own and Apple has no responsibility for payments or gift cards.

Apple stopped selling the Nike+ FuelBand and other fitness trackers in both its retail and online stores this past March, while a report last year indicated that Nike would discontinue making new FuelBands to focus on software for other devices.

Customers who bought a Nike+ FuelBand between January 19, 2012 and June 17, 2015 can find out more about the settlement via the legal notice authorized by the California state court.

Article Link: Apple and Nike Settle FuelBand Class Action Lawsuit

 

[Mr. Chewbacca]

Awesome, all 30 people that are OCD enough to hold on to a receipt years later can get 15.00 and the lawyers get a few million... for the people

Edit, don't get me wrong. Class action suits are an important part of consumer protection and a lot of investment is put in by the lawyers working the case, they should be paid.. a lot

However, if were talking millions I think the money would be better served in some kind of trust relating to the claim. In this case maybe fitness programs for poor kids.

Edit again.. OK no receipt needed.. I'm just full of bah-humbug today.. sorry.

 

[The Doctor11]

I sure hope Mr. Cook gets his $15.

 

[Sheza]

Bugger, I don't live in the US. Would have liked some free money.

 

[orbital~debris]

Bugger, I don't live in the US. Would have liked some free money.

Me too, but then again we'd probably have had to import America's litigation-culture for that to happen.

 

[FieldingMellish]

That's some restitution. Why do class action lawsuit awards generally amount to a pittance?

 

[MH01]

Bummer in the UK. Yeah Nike fuel was useless, though I still liked the band.

 

[0098386]

Bummer in the UK. Yeah Nike fuel was useless, though I still liked the band.

I dunno. Yeah it's not accurate, I bought one knowing a pedometre on the wrist wasn't going to be spot on. After using one for 2 years I found it has made me get up more, if the fuelscore thing is low in the evening I'll go for a walk to top it up.

 

[DipDog3]

Class Counsel will apply to the Court for an award of attorneys’ fees and costs in an amount not greater than Two Million, Four Hundred Thousand Dollars ($2,400,000.00).

To date, Class Counsel have not received any payment for their services in conducting this Litigation on behalf of the Settlement Class Representatives and the Members of the Settlement Class; nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation of the Settlement Class.

 

[ck2875]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

 

[MH01]

I dunno. Yeah it's not accurate, I bought one knowing a pedometre on the wrist wasn't going to be spot on. After using one for 2 years I found it has made me get up more, if the fuelscore thing is low in the evening I'll go for a walk to top it up.

That I agree, I just used the fuel as an indicator of effort each day, it was just an over glorified pedometer. Good for its time.

 

[snebes]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

I threw mine away for the same reason. Probably 2 months ago. Bummer.

 

[goobot]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

Is it on the box? (Assuming you have the box)

 

[dysamoria]

"Yes, we screwed you. Buy more of our product."

 

[Zimmy68]

Sure wish I could have chosen $25 Apple credit instead.

 

[orbital~debris]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

Have a look in your Nike+ application, if you still have it on your Mac; I'm pretty sure it contained synced device's serial numbers (accessible even when not connected) a la iTunes and iPhones.

 

[azentropy]

Out of all the bands I tried, the fuel band has been my favorite. No it wasn't super accurate with steps, but it did make me more active that I could see how active I was and when. It also was comfortable, had decent battery life, was easy to read and didn't need a special adapter to charge.

I was really hoping that when Nike discontinued it and Apple hired many of the team that they would develop an Apple branded fitness band. I have little to no interest in a smart watch and trying out the Apple Watch hasn't done anything to change that. I just want a really good fitness band!

Anyway, don't use my fuel band all the time anymore, but will be filing for the settlement.

 

[bergert]

I sure hope Mr. Cook gets his $15.

If it includes the word Apple then it's news:

While Apple was included in the class action lawsuit, Nike will be paying the settlement administrator and attorney's fees on its own and Apple has no responsibility for payments or gift cards. .

 

[unplugme71]

Who keeps this device anyhow? Just more money for lawyers

 

[celticgrid]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

Yep. Lots of us in that position. I wonder what happens to all the settlement money they won't pay out because how many people are still using a 3-year old Fuelband?

 

[res.ipsa]

Awesome, all 30 people that are OCD enough to hold on to a receipt years later can get 15.00 and the lawyers get a few million... for the people

Edit, don't get me wrong. Class action suits are an important part of consumer protection and a lot of investment is put in by the lawyers working the case, they should be paid.. a lot

However, if were talking millions I think the money would be better served in some kind of trust relating to the claim. In this case maybe fitness programs for poor kids.

Edit again.. OK no receipt needed.. I'm just full of bah-humbug today.. sorry.

The lawyers are selected by the court and their compensation is determined by the judge. The attorneys also foot the bill for all the costs involved in adequately notifying potential class members and all communication with them thereafter. I think you make a valid point though. Compensation has been an issue but these are such small claims that it wouldn't make sense to pursue them on a case by case basis. Not pursuing small claims allows companies to rip off a lot of consumers, in a small way, and get away with it. Like everything else with our legal system, there are no easy answers and perfect doesn't exist.

 

[NoahK17]

How do we find our serial numbers if we've long since tossed the physical device in the trash? I have the order number from Nike, but have no idea what my serial number is... bah.

 

[charlituna]

well that explains why the fuel band was yanked out of stores. makes sense

 

[SHENICKA]

I got an email about this with my access/claim codes, so they knew I bought one. Then they required me to input the serial number from the device. Which I threw away because the battery died. So much for that I guess.

 

[SHENICKA]

If you call and give them your email used for your FuelBand they will be able to give you all serial numbers used on the account. I just did: 1-800-379-6453 6am-7pm PST 3 Freaking Bands, all of which stopped working due to the button and therefore no bluetooth. Crappy Product.