Apple was a co-defendant in the case, but just Nike was found liable for falsely advertising the capabilities of the wristband.
Sports gear manufacturer Nike will pay a hefty sum to Apple to settle a class action lawsuit surrounding its FuelBand fitness watch. Since FuelBand was allegedly never capable of performing advertised tracking functions, Nike is also in breach of warranty, the suit asserts. Claims can be submitted through the website, on the filing page.
Plaintiffs allege that Nike’s FuelBand is not able to live up to the advertisements that tout its ability to track accurately the calorie burn, the number of steps and the overall physical activity represented by the NikeFuel.
Apple for instance sold a number of models of FuelBand in its stores and stopped its sales only this past March. The suit goes on to say that even though both Nike & Apple were aware of this defect, they still sold the device to the public. Nike has been ordered by the court to settle the claims at the earliest.
Although it was a defendant in the suit, Apple does not bear responsibility or any liability for cost or fees to attorneys. (International Business Times report).
Nike is going to be paying $ 2.4 million to people who purchased the tracker between Jan 2012 & Jun 2015. Others related to the case include fitness guru Jay Blahnik , who worked closely with the team that created the Fuelband’s defunct features. Nike will stop manufacturing new FuelBands and the company will focus on software. Alternatively, you can opt to receive a check for $15. Although both companies claim that the allegations are false, and that the Nike+ Fuelband is fully operational, they have since agreed to the class action terms “in order to avoid the expense, inconvenience, and distraction of continued litigation”.
A fairness hearing will take place on November 4, where both companies will further discuss the terms of the settlement, attorney fees, and a specific reward for the leader of the class in the settlement. More information on the case can be seen on the settlement’s website.