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Fitbit Wants Consumer Arbitration to Go Forward

June 29, 2018, 5:20 PM

Fitbit, Inc. says it didn’t unilaterally terminate an arbitration proceeding by a consumer who said its heart-rate tracker didn’t work, and didn’t intend to curb customers’ dispute resolution rights.

Kate McClellan’s arbitration should proceed, the company told Judge James Donato of the U.S. District Court for the Northern District of California in a new filing.

McClellan and other proposed class plaintiffs who didn’t opt out of a mandatory arbitration provision in Fitbit’s Terms of Use say it’s not enforceable because of fraud.

Donato earlier granted Fitbit’s motion to compel arbitration and said an arbitrator had to determine the threshold question ...