back to article Yay, you've won your Fitbit lawsuit, folks. But, lawyers, about those filet mignon expenses...

A US federal judge has approved a $33m class-action lawsuit against fitness tracker maker Fitbit – but put the brakes on a massive $8.25m lawyer award claim. The case was brought by angry shareholders after Fitbit failed to disclose problems with the build quality of its products which, when revealed, caused a significant …

  1. Anonymous Coward
    Anonymous Coward

    America Fuck Yeah

    The fact that Class-Action-Fairness had to be set up, shows cracks in a process that was supposed to protect the 'little guy' vs the Goliaths. This is another Fall-of-Rome moment for the US. It shows how the country is carved up for 1%'ers at the expense of everyone else! America is finished!

    1. This post has been deleted by its author

      1. Anonymous Coward
        Anonymous Coward

        Re: As regards Travelling to US - Who needs this:

        Plenty of notices at US airports telling you your not allowed to bring things like fruit in + you have to complete a customs declaration form where I think you have to tick a box saying your not do this. Certainly used to have to walk past bins on way to baggage reclaim telling you to dump any prohibitted foodstuffs

        1. This post has been deleted by its author

          1. Michael Habel

            Re: 'Plenty of notices'

            It was in an airline flight bag!

            Yeah, and so what? I beleve there is some sort of saying that applies here.. How did it go again?

            Ignorance of the Law, is no excuse.

            Next you be defending this Person for being illiterate. As most major Airports have plenty of signage (With Pitcures of cute little Dogs on them), allerting you to the 'dangers' of illeagly importing live Fruits, Meats, Insects etc.. into the Country. She should have binned the Apple somewhere betwen the Gate, and Customs. And, had been done with it. But, she thought she'd be cheaky and attempt to smuggle it into the country instead. Well guess what?

            If she had just declaed having the thing on the Form(s) provided by the time she got to the Customs Agent, or had even declared that it was in there BEFORE her bags got searched. She would have probably been politely asked to deposit it into the receptical on her way out, with no further questions asked.

            So no, no sympathy here. Just another 500$ Lecture on the ways of life. Lesson learnd, move along.

            1. Anonymous Coward
              Anonymous Coward

              Re: 'Plenty of notices'

              >> Ignorance of the Law, is no excuse.

              People keep quoting this as a fact. But really? It's one of those opinions masquerading as fact.

              Are individuals supposed to go through parliament/senate/congress meeting notes every day and figure out all the nuances of what has changed in the law? What has been repealed? What has been amended?

              "You didn't know that coughing in public is a death sentence now?? Tough. This law might be unreasonable, you can fight to change it, but until then the law is the law! Ignorance of the law is not excuse. Happy hanging!"

              And it isn't an excuse, it is a fact. Ignorance of the law exists, I for one certainly cannot claim I know all and every bit of it. Can you?

              The term "excuse" is also chosen to give it a pejorative flavour - it could have been "ignorance of the law is no defence" but no, shame up coz I'm better than you ignorant person...

              And what about innocent until guilty? Her statement is very likely true, that it is in an apple of US origin. Therefore she was not importing it.

              America has really fucked up - the very values apparently being protected in all those wars and missions are being trampled upon on their own soil.

              The terrorists might not have won the battle on backward values, but they seem to have won the war. :(

              Ultimately fairness has failed here. So you know what? Quoting "ignorance of the law is not an excuse" is not a valid excuse for failing to serve justice.

              1. This post has been deleted by its author

              2. Tom Kelsall

                Re: 'Plenty of notices'

                "Ignorance of the Law is no excuse/not a legal Defence" is an established principle in British Law (and American Law) taught in the early parts of Law Degree studies.

                https://www.withersworldwide.com/en-gb/ignorance-of-the-law-is-no-defence

                You might not like it, but any Lawyer would tell you the same.

                1. PM.

                  Re: 'Plenty of notices'

                  Yeah, I don't like it

                  1. Michael Habel

                    Re: 'Plenty of notices'

                    Yeah, I don't like it

                    You are however free to try your luck in 'ol Mother Russia. Or has Putin put you off Russia? No matter then there's still China, Cuba, and Venezuela left open to you to discover that there IS no true form of Communism that has yet to be tried.

                    And, as a side note... I gather that they too like Notices on things you shouldn't be doing, outside of working for the glory of the State. So it kinda looks like your screwed there pal.

                    1. FrozenShamrock

                      Re: 'Plenty of notices'

                      Why does the choice have to be between dictatorships of varying stripes? Why can't one of the choices be for a better representative democracy as promised in the Constitution?

                    2. Jamie Jones Silver badge
                      Facepalm

                      Re: 'Plenty of notices'

                      "You are however free to try your luck in 'ol Mother Russia. Or has Putin put you off Russia? No matter then there's still China, Cuba, and Venezuela left open to you to discover that there IS no true form of Communism that has yet to be tried."

                      My god... it gets worse! You've got to be a parody, right? Even Fox isn't that cliched any more!

                2. Anonymous Coward
                  Anonymous Coward

                  Re: 'Plenty of notices'

                  "You might not like it, but any Lawyer would tell you the same"

                  And as Rabelais (fl. mid 1500s) would tell you, the law is written by lawyers for the financial benefit of lawyers - though not in Germany or Napoleonic Code countries.

                3. Anonymous Coward
                  Anonymous Coward

                  Re: 'Plenty of notices'

                  This seemed very unreasonable and ripe for abuse, but reading through it, it would appear the other side of it is "Leges instituuntur cum promulgantur" - Laws are instituted when they are promulgated.

                  So in the context of "Ignorance of the Law is no excuse/not a legal Defence", the existence of a bill in itself does not make it a law, it has to be shown that it has been promulgated as well.

                  So the next time someone quotes this, I know there is a defence. It isn't an edict in itself.

                4. Combat Epistomologist

                  Re: 'Plenty of notices'

                  The problem with the principle that ignorance of the law is no defense against the law, is that it worked fine when there were a few dozen or a few hundred laws to follow.

                  Today, there are hundreds of thousands of laws. The US adds fifty thousand pages of laws and regulations with the force of law to the Federal Register every year. Lawyers have to specialize in a small field of law and STILL need a private law library and a staff of clerks to do legal research for them. When the volume of the law has grown this huge, it is utterly barmy to even suggest that any single person can NOT be ignorant of large volumes of the law — *most* of it, in fact. It has been fairly reliably estimated that every US citizen unknowingly commits an average of three felonies a day by technically violating laws, or regulations with the force of law, that they've never even heard of and had no reason to suspect existed. What is more, many of these laws are statutory offenses with no _mens rea_ requirement: You do not have to have any intent to violate the law to be convicted of violating it.

                  In a legal environment like this, the idea that ignorance of the law is no defense is utterly barmy, because *EVERYONE* is functionally ignorant of the law. Even *courts* frequently choose to ignore laws or rulings inconvenient to them. They know you'll win in the end, but in the meantime doing so will cost you a bunch of time and money, so they've still managed to punish you for your supposed transgression even if you were completely protected by the law.

                  This is just one of many ways in which our legal systems are breaking under the strain of the modern world.

              3. jelabarre59

                Re: 'Plenty of notices'

                And it isn't an excuse, it is a fact. Ignorance of the law exists, I for one certainly cannot claim I know all and every bit of it. Can you?

                It's been suggested more than once that the inability to know ALL the law is *intentional*. It certainly has been the case in Employment Law, where laws and rules are outright contradictory, and companies have been sued over violating some rule, but this "violation" has been the direct consequence of complying with other rules. Would have to dig through old issues of Reason Magazine to find the specific cases, the article was published some years ago.

              4. Michael Habel

                Re: LOL123

                I suppose you'd have hung Marquess with marching ant lights at every interum between the Gate, and the Border Control Post then? As if most of the Airports, haven't already thought of this. Sans the Marquee lighting, as that would just be silly. It wouold be the sadest Airline I would have had the chance upon that didn't cut into the inflight entertainment service, to point out the importance of those little Cards they like to hand out, just before landing. like they were meaningless, or something.

                I have the inkling that some of you Lefters out there are under some impression that since it was the Airlines "Apple" it must have been ok then? Are you also the kind of nutter that rides his / her / whatever arse to work on a Bicycle, and thinks, Sod all if the jack up the VAT on Petrol or something? By that reasoning, One presumbs that one thinks that stuff just magiacly grows on Store Shelves, just waiting for you to come by any pick it fresh off the Shelves. Well that's not how the World works buddy.

                Airline 'Apple' or no... It was, is and will henceforth be conciderd Foreign Contraband! And, there are plenty of good reasons why. Perhaps a few quick history lesseons care of Wikipedia should help explain why you don't allow a host of spainards with syphilis to invade your county, by wipeing you out. Or, allowing things like Caine Toads to get into your Country to upset what balace is already present there.

                So yes comparied to the damage that "Apple" could have done to to regions agroculture, by introduing a new, as yet unseen pest against the Apple Trees of 'Merica. 'Causing untold billions of Dollars in damages. A small 500$ Fine is a slap on the wrist. And, indeed again One that could have been easily avoided had she use the bits between her ears.

                1. FrozenShamrock

                  Re: LOL123

                  Just got back from a trip to Italy. They no longer hand out those little cards on the flight.

                2. Anonymous Coward
                  Anonymous Coward

                  Re: LOL123

                  @Michael Habel

                  Ah yes another one - where every debate or discussion reduces to the good/bad left and/or good/bad right rant.

                  "It's so obvious FFS you stupid lefties!!!" "How dumb can these right-wing morons get!!"

                  I think you need to use that bit between your ears more.

                  This isn't worth anymore of my time - you're offering nothing more than a vapid rant.

                  “Convictions are more dangerous foes of truth than lies." - Friedrich Nietzsche

                  1. Jamie Jones Silver badge
                    Thumb Up

                    Re: LOL123

                    @LOL123:

                    "@Michael Habel

                    Ah yes another one - where every debate or discussion reduces to the good/bad left and/or good/bad right rant."

                    Ahhh, I posted my reply before seeing yours, sorry!

                3. Jamie Jones Silver badge

                  @Michael Habel

                  It seems you deleted your posts out of shame, so I was struggling to grasp where you were coming from until I came to this part:

                  "you Lefters"

                  *facepalm* What does this even mean? Are you saying that all people who prefer human rights over corporation rights are somehow all the same? Like clones of each other in some weird brainwashed cult?

                  Apart from showing stupidity, it shows the mindset of someone who can't have an independent thought, and instead blindly cheers his own "team" - nievely grouping everyone into either "them" or "us".

    2. steviebuk Silver badge

      Re: America Fuck Yeah

      I don't think it's finished as this has been going on for years. I bet it was even worse in the 80s.

  2. FozzyBear
    Holmes

    A money grabbing ambulance chasing lawyer, wanting more money. Well there's a shocker!

  3. Anonymous Coward
    Anonymous Coward

    Seems like a new spin on Jarndyce v Jarndyce.

  4. Kev99 Silver badge

    I've always wanted to know the shysters took their cut out of the plaintiffs' hide instead of making the defendants pay the fees and costs. That's fairly common in others torts.

    1. Doctor Syntax Silver badge

      "I've always wanted to know the shysters took their cut out of the plaintiffs' hide instead of making the defendants pay the fees and costs."

      As this and similar cases involve shareholders suing the company they own it really doesn't matter. They can pay as plaintiffs, they can pay as defendants, it's still their money.

  5. Tromos

    625 million claimants?

    Even taking the lawyers demand from the 33 million awarded, it would still leave 25 million dollars, which makes 625 million lots of 4 cents. Sounds an awful lot to me.

    Anyway, there must be a better way to deal with distribution of large awards when the individual shares are too small to economically handle. Why not have a lottery with, say, a hundred thousand prizes of 250 dollars? This way at least a few claimants would benefit from the win.

    1. Mr Youmustbe Fuckingjoking

      Re: 625 million claimants?

      Easy, just make Google put 5 cents into every Google Play account.

    2. Tom 38

      Re: 625 million claimants?

      I simply don't believe that when there is an award of 4 cents per claimant, the claimant has only suffered a 4 cent loss.

      If the awards don't accurately reflect the loss suffered by claimants, then the whole thing is an exercise in punishing companies and rewarding lawyers. What is the point in that?

      Lawyers should only be able to claim for a set percentage of the award (20%?), which they can receive from the excess of a percentage of the claimed loss (50%?).

      eg if there are 100,000 claimants and the claimed loss is $10 per claimant, the lawyers can claim at most:

      award of $10m - they get $2m, claimants $8m

      award of $1m - they get $200k, claimants $800k

      award of $600k - they get $100k, claimants $500k

      award of $300k - they get 0, claimants $300k

      1. Michael Habel
        Joke

        Re: 625 million claimants?

        Hay a Lawyer's gotta eat too ya know!

  6. Anonymous Coward
    Anonymous Coward

    Actual expenses + 2% win bonus

    No more.

    Everything else should go to the plaintiffs.

    1. Steve Davies 3 Silver badge
      Alien

      Re: Actual expenses + 2% win bonus

      2%????? WTF

      That won't pay for :-

      - Those expensive corner offices

      - Half a dozen Golf and Country Club memberships

      - Dues to their Frat/Sorority house and Alma-mater.

      - Campain contributions to Politicians so that they can be next of the Political gravy train

      - and a few more besides.

      Oh, those poor, poor lawyers. Hey bro, won't you spare them a dime or three? /s

  7. Anonymous Coward
    Anonymous Coward

    Fitbit Quality.

    Every year without fail ive had to contact customer support to get new straps/devices under warranty. Last strap lasted a little over 2 months so they sent me 2 this time. I like the products but the build quality is utter shite, they cut to save pennies but end up costing them pounds in replacements. I think in the US they only give a 1 year guarantee, 2 in Europe.

    1. Michael Habel

      Re: Fitbit Quality.

      I think you'd be lucky to get more than the usual 90 Days over there. Unless the XBOX360 RRoD debacle had somehow managed to bump that up a bit. Consquently this discrepency in "Warranty coverage", might also go a ways to explaing why things tend to be a tad more expensive over here.

      But, at least that lot in Bruxells had at least managed to get this much right. When they made this compulsory for most Goods sold in Europe.

    2. IsJustabloke
      Meh

      Re: Fitbit Quality.

      Fitbit couldn't pay me to own one of their devices now.

      I had a Blaze and as a device for measuring activity it worked quite well but the required bluetooth connection was flakey as hell; the required fitbit app was useless if it couldn't connect to the servers (which in turn meant you couldn't use the device for GPS tracking) and it forgot all your settings after every single update, updates that could only be applied via flakey bluetooth. If you wanted to map your exercise routes it needs the phone but most of the time would complain it couldn't find the phone to connect to it's GPS, I discovered that it's step counter was variable to say the least and in the 20 months I owned one it was replaced 3 times because of battery related issues.

      for a bit of kit that cost 150 quid it was remarkably poor.

      I've replaced it with a Huawei watch 2 which is more smart watch than activity tracker and while it has it's issues is considerably better than the Blaze.

  8. steviebuk Silver badge

    The only lawyer I like...

    ...is Saul Goodman.

  9. Frm

    STOP DEFENDING CORPORATE MISCONDUCT

    Fitbit lied to its customers. IT knew the product had a serious defect. The customers? Screw them. They had no idea because the company records showing the defect are not public. And the BEST thing about all this, from Fitbit’s standpoint, is ONE customer will NEVER sue. It would cost them way too much money. Fitbit therefore keeps over $30 million for something that doesn’t work!

    But wait. In come the class action lawyers. They invest, in a typical case, over $1 million out of their own pocket to hire expert witnesses, to obtain and review documents, to devote the resources of their law firm—on a proposition for which they can end up with zero.

    How many of us readers would work for even two years, and lay out hundreds of thousands of dollars of our own money, on a job that we take the risk of getting paid nothing at the end? I thought so.

    In exchange for the risk, payment to the lawyers is made on what everybody who is reading this article has known their entire adult life. A contingency of 1/3.

    So at the end, the lawyers beat Fitbit. It is forced to pay $30 million. And lawyers get their 1/3.

    What is the problem with that, eliciting so many hateful comments, other than the greed of all of us who wish we had the education, skill, training and experience to be able to do the same thing.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Other stories you might like