Nike and Apple have reached a proposed settlement in a class action lawsuit filed against them pertaining to the advertising technique and warranty terms of the Fuelband.
The full text of the settlement can be found below, or on the settlement site.
A proposed settlement has been reached in a class action lawsuit against Nike, Inc. and Apple Inc. regarding the Nike+ FuelBand. The Nike+ FuelBand is a wristband that utilizes an accelerometer to track physical activity, measure NikeFuel, and tell the time of day. The lawsuit is pending in the Superior Court of the State of California for the County of Los Angeles, Case No. BC509363, before the Honorable William F. Highberger.
The lawsuit claims that Nike and Apple engaged in violations of consumer protection laws in connection with the Nike+ FuelBand. More specifically, the lawsuit alleges, among other things, that false and/or misleading statements were made regarding the Nike+ FuelBand’s ability to accurately track calories, steps, and NikeFuel, and that there were breaches of the warranty terms of the Nike+ FuelBand. Nike and Apple deny the claims in the lawsuit and maintain that they did nothing wrong or illegal. The Court has not decided which side is right.
Under the Settlement, Nike has agreed to provide either a Fifteen Dollar ($15) payment or a Twenty-Five Dollar ($25) gift card redeemable at Nike-owned stores in the U.S. and Puerto Rico, and online at Nike.com, for each Nike+ FuelBand purchased by members of the Settlement Class during the class period for which a valid claim is timely submitted. Each class member who timely submits a valid claim may choose between the monetary payment or the gift card. The gift card is freely transferable and does not expire. You cannot receive a payment unless you submit a claim form. Claim forms may be submitted online here.
-- via Nike Fuelband Settlement Site
