Fitbit’s Arbitration ‘Gamesmanship’ Could End In Contempt
Law360, San Francisco (May 31, 2018, 10:33 PM EDT) -- A California federal judge said Thursday he may find Fitbit in civil contempt for its “gamesmanship” after the company used an arbitration agreement to trim a class action over its heart-rate tracking device, then terminated the arbitration proceedings claiming the named plaintiff wasn’t a “rational litigant” because she declined its settlement offer.
In October, U.S. District Judge James Donato found that under the company’s terms of service agreement, an arbitrator should decide whether 12 named plaintiffs’ claims — that Fitbit falsely advertised the heart-rate monitor function of its products — belong in court or should be arbitrated.
But during a hearing...
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