“Fitbit is pushing back: It has sought to defang a class-action lawsuit over the issue and has driven some complaints, including McLellan’s, toward a private venue for individual disputes known as arbitration. But it has also dragged its feet with the arbitration process, according to a federal judge, who accused Fitbit last week of litigating in ‘bad faith’ and perpetuating the notion that private arbitration is where consumer lawsuits ‘go to die.’”
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“The Court ought to understand that a claim that is $162 — an individual claim — is not one that any rational litigant would litigate,” Fitbit’s lawyers said, according to court transcripts. The trivial sum, Fitbit said, also explained why it did not pay its arbitration fees on time and instead told McLellan it considered the complaint “closed,” according to court documents.
@LucidMusiq - sound familiar?
I don’t like that the author compares arbitration outcomes to class action outcomes to try to make arbitration sound more fair. The correct comparison would be to an individual claim in front of a jury. We have that data somewhere. I’ll locate it.