If you are using a Nike+ FuelBand, you may be eligible for either a cash claim or a gift card from Nike. This comes after a class action lawsuit had been taken out against Nike, Inc. and Apple, Inc.
The said lawsuit alleges that both companies “engaged in violations of consumer protection laws and warranty obligations in connection with the Nike+ FuelBand.”
Both Nike and Apple are saying that they have absolutely done nothing wrong. Just the same, Nike has said that a settlement for the lawsuit has already been negotiated, although it is still pending approval.
Nike+ FuelBand Misleading statements
One of the key allegations made in the lawsuit against Nike and its Nike+ FuelBand is that the company has made “misleading statements” when it comes to the product’s accuracy in tracking a user’s steps, calories and NikeFuel.
Moreover, the lawsuit also alleges that the company has failed to honor the warranty terms of its Nike+ FuelBand.
In the copy of the Settlement Agreement, it was stated that, “Despite Nike’s and Apple’s belief that they are not liable for, and have good defenses to, the claims alleged in the Litigation, Nike and Apple desire to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, and distraction of continued litigation of any action or proceeding relating to the matters being fully settled and finally put to rest in this Agreement.”
Refund in cash or a gift card
Hence, Nike has agreed to provide its customers with either a payment worth $15 or a $25 gift card from Nike that can be used across Nike-owned stores in the U.S. as well as Puerto Rico.
Moreover, the said gift card can also be used to shop online at Nike.com. In addition, the Nike gift card also has no expiration date and is freely transferable.
Following the receipt of a valid claim, Nike can send a check by mail or a gift card via email. Meanwhile, any checks that were not cashed after one year will be become void and the funds will be donated to charity.
There will be a Fairness Hearing that is set on November 4, 2015, which will see the Court deciding whether to approve the settlement or any requests for service awards, expenses or fees. This will be at the Superior Court of the State of California for the County of Los Angeles. Meanwhile, users can already accomplish a claim form here.