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[News] Fitbit’s 'Sleep Tracker' False Advertising?
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Post: #1
Fitbit’s 'Sleep Tracker' False Advertising?
Fitbit’s “Sleep Tracker” Is False Advertising

A Fitbit purchaser has filed a class action lawsuit alleging false advertising for select Fitbit model’s “sleep tracking” features.

In his complaint, plaintiff James P. Brickman says the the Fitbit Force, Fitbit Flex, Fitbit One, Fitbit Ultra, Fitbit Charge, Fitbit Charge HR, and Fitbit Surge charge extra for a sleep tracker function that does not accurately track sleep.

According to the complaint:

"[Fitbit] has made specific advertisement claims that for an extra charge, the customer can purchase a device which also contains a “sleep-tracking” function which will track “how long you sleep,” “the number of times you woke up,” and “the quality of your sleep.” In fact, the sleep-tracking function does not and cannot do these things. It does not perform as advertised. Consumers who purchase these products and pay the extra amount for this function do not receive the value of this function for which they paid."


The complaint later says: “At least one study has shown that the accuracy of the accelerometer in the Fitbit sleep-tracking devices falls far below the accuracy level of the actigraphy, and far below an acceptable standard of accuracy to render it useful in any way for scientific purposes. The Fitbit sleep-tracking function consistently overestimated sleep by 67 minutes per night as compared to what the polysomnography reported. These misrepresentations implicate serious public health concerns, as thinking you are sleeping up to 67 minutes more than you actually are can obviously cause health consequences, especially over the long term.”

The complaint was filed in the Northern District of California, and the suit alleges: “By advertising this sleep-tracking function without actually providing this function to its customers, Defendant is violating California law.”

A Fitbit spokeman told wareable.com, “Fitbit trackers are not intended to be scientific or medical devices, but are designed to provide meaningful data to our users to help them reach their health and fitness goals.”


Fair Use from:
http://www.sleepreviewmag.com/2015/05/cl...vertising/

The above post may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. The material available is intended to advance the understanding of Sleep Apnea treatment and to advance the educational level of Sleep Apnea patients with regard to their health. Sometimes included is the full text of articles and documents rather than a simple link because outside links frequently "go bad" or change over time. This constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this post is distributed without fee or payment of any kind for research and educational purposes. If you wish to use copyrighted material from this post for purposes of your own that go beyond "fair use", you must obtain permission from the copyright owner.
05-27-2015 09:19 AM
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retired_guy Offline

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Post: #2
RE: Fitbit’s 'Sleep Tracker' False Advertising?
Awww nutz...... Junk lawsuit. I really like my cute little Fitbit, but I sure don't take it all that seriously. It actually does a reasonably good job of reporting sleep hours, periods in the night when I might be awake, and such. But I sure don't think I'd ever take it all that seriously. Same thing for it's reporting of steps taken, calories burned, and all of that. They're just guesstimates and are fun to use if you're trying to improve efforts over time. On the otherhand, my bathroom scales could use a little improving............ Darn things are always showing too high...........
05-27-2015 11:24 AM
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antdroid Offline

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Post: #3
RE: Fitbit’s 'Sleep Tracker' False Advertising?
I also really like my fitbit and it's sleep tracker function. it may not be accurate, especially when youre falling asleep and waking up from sleep but the middle of the night, when you're actually sleeping, it's fun to see how much you move around and are "restless"
05-27-2015 12:25 PM
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Mosquitobait Offline

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Post: #4
RE: Fitbit’s 'Sleep Tracker' False Advertising?
Actually, based on their actual advertisement, they do have a case. Fitbit is going to end up pulling the option and paying people back. It's total junk science and should be advertised as for entertainment only.
05-27-2015 12:38 PM
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retired_guy Offline

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Post: #5
RE: Fitbit’s 'Sleep Tracker' False Advertising?
My cute little Fitbit said I was asleep for 7:44 last night, beginning just before midnight. It shows I was restless for 7 minutes during the night (5 occasions). It also shows I was actually up twice during the night.

That's pretty darned accurate for junk science. Not even my S9 got it that close. Next thing you know they'll be suing Santa Clause claiming he doesn't know when we're asleep or awake.
05-27-2015 12:59 PM
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Mosquitobait Offline

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Post: #6
RE: Fitbit’s 'Sleep Tracker' False Advertising?
(05-27-2015 12:59 PM)retired_guy Wrote:  My cute little Fitbit said I was asleep for 7:44 last night, beginning just before midnight. It shows I was restless for 7 minutes during the night (5 occasions). It also shows I was actually up twice during the night.

That's pretty darned accurate for junk science. Not even my S9 got it that close. Next thing you know they'll be suing Santa Clause claiming he doesn't know when we're asleep or awake.

I've never had a Fitbit. They look cute. I would have bought one, but my doc was more interested in me keeping track of my heart rate (heart issues), so I had to pick one over the other. However, I was referring to this: “the quality of your sleep.” How can the little gadget measure this in any meaningful way besides just moving in your sleep? If that is what they are using as criteria, then of course, they are meeting the burden of describing what their customers can expect. That's pretty legit.

As far as the S9, I agree that it wouldn't show restlessness since it just works for breathing. However, it should show that you got up twice during the night, unless, of course, you are able to do whatever you do without unhooking yourself from the machine! Dielaughing
(This post was last modified: 05-27-2015 01:56 PM by Mosquitobait.)
05-27-2015 01:54 PM
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retired_guy Offline

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Post: #7
RE: Fitbit’s 'Sleep Tracker' False Advertising?
What? Doesn't everyone have a 40 foot hose?

"quality of your sleep..." Marketing schleep. Not unlike any other product in the world. The problem is as a society we are too busy trying to screw the other guy into taking responsibility for our own issues that................... oh, that's soap box stuff. So I'll just stay on record as enjoying my cute little fitbit without the necessity of thinking it really is managing my overall health condition. By the way, we just bought Mrs. R_G a Fitbit HR, which in addition to the other cute things reports her heartbeat. She likes that a lot. Me?, I really don't need to know the rate of my heartbeat. Just that it is doing that once in awhile.
05-27-2015 02:05 PM
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Mosquitobait Offline

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Post: #8
RE: Fitbit’s 'Sleep Tracker' False Advertising?
(05-27-2015 02:05 PM)retired_guy Wrote:  What? Doesn't everyone have a 40 foot hose?

"quality of your sleep..." Marketing schleep. Not unlike any other product in the world. The problem is as a society we are too busy trying to screw the other guy into taking responsibility for our own issues that................... oh, that's soap box stuff. So I'll just stay on record as enjoying my cute little fitbit without the necessity of thinking it really is managing my overall health condition. By the way, we just bought Mrs. R_G a Fitbit HR, which in addition to the other cute things reports her heartbeat. She likes that a lot. Me?, I really don't need to know the rate of my heartbeat. Just that it is doing that once in awhile.

They did not have that option at the time or I would have bought it. :grin: Well, you know what they say - if you are going to do aerobic exercise, you may as well do it effectively. In my case, I was overdoing it and didn't know that until I was pretty much falling on my face. Not overdoing exercise... just overdoing the lawnmowing, which I HATE and want to get over and done with.
(This post was last modified: 05-27-2015 02:16 PM by Mosquitobait.)
05-27-2015 02:15 PM
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AlanE Offline

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Post: #9
RE: Fitbit’s 'Sleep Tracker' False Advertising?
I like mowing my weeds, I just don't like doing it in 90+ weather.



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05-27-2015 02:20 PM
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Post: #10
RE: Fitbit’s 'Sleep Tracker' False Advertising?
(05-27-2015 02:15 PM)Mosquitobait Wrote:  In my case, I was overdoing it and didn't know that until I was pretty much falling on my face. Not overdoing exercise... just overdoing the lawnmowing, which I HATE and want to get over and done with.

I try to watch "lawn mowing" on tv once or twice a week. That is about enough exercise I think. That, and some of the old "pro-bowling" programs are good..........
05-27-2015 02:23 PM
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