Fitbit Abused Arbitration to Avoid Claims, Consumer Says

Fitbit, Inc. breached its own arbitration clause to avoid consumer claims over the heart-rate function in its wearables, after insisting for two years that the claims can’t be resolved in court, a consumer argued.

The arbitration clause should be voided as to all consumers, Kate McClellan said in a new filing to the U.S. District Court for the Northern District of California.

McClellan’s June 14 filing followed a contentious hearing in May, at which Judge James Donato told the company it “cannot shut down peoples’ claims through games.”

Donato also directed McClellan and Fitbit to file statements on the status ...