Banks Law Office represents more than 40 individuals who allege that Fitbit has failed to pay them for Fitbit Ionic smartwatches they submitted to the Fitbit Ionics recall. If Fitbit has refused to pay you for Ionics that you submitted to the recall, please contact Banks Law Office today.
On March 2, 2022, Fitbit and the United States Consumer Product Safety Commission (CSPC) announced a recall of Fitbit Ionics because there were more than 100 reported incidents of individuals being burned by the watch overheating. Some individuals even suffered third-degree burns.
Fitbit allegedly refused to pay many individuals who submitted more than five Ionics to the recall program.
One individual sued Google, Fitbit’s parent company, in Gwinnett County Magistrate Court (or “small claims court”) alleging that he submitted 50 Ionics to the recall program but did not receive the promised payment of $299.00 per watch. Google did not appear in person in the proceeding but submitted a brief to the court. In the brief, Google requested that the court dismiss the case on various grounds, including that the “recall is intended only for eligible customers who purchased and utilized the devices for personal use. . . . the Fitbit recall center received forty-three devices [from the plaintiff], all of which had never been paired to any of the @vat.beauty email addresses provided by Plaintiff during recall registration. . . . Plaintiff has also failed to provide any proof of purchase or proof of personal use.”
According to sources, the court later entered an award requiring Google to pay the plaintiff for the watches he submitted in the reimbursement program. If true, Banks Law Office believes that award was the legally correct decision. Fitbit/Google cannot refuse to pay individuals submitting Ionics in the recall program merely because they have not personally used the devices or paired the devices to their email addresses. The refusal clearly violates Fitbit’s and the CSPC’s announced terms of the recall.
Fitbit’s refusal to pay also runs contrary to the objectives of a recall. The CSPC has stated in its recall handbook that “[t]he objectives of a recall are (1) to prevent injury or death from defective or violative products; (2) to locate all such products as quickly as possible; (3) to remove such products from the distribution chain and from the possession of consumers; and (4) to communicate to the public in a timely manner accurate and understandable information about the product defect or violation, the hazard, and the corrective action. Companies should design all informational materials to motivate retailers and the media to get the word out and to spur consumers to act on the recall.”
By refusing to pay people who have not personally used or connected the Ionics they are submitting, Fitbit is encouraging people to use the Ionics instead of submitting them in the recall program.
If Fitbit has refused to pay you for Fitbit Ionics that you mailed in connection with the Fitbit Ionics Recall program, please contact Banks Law Office today.