NIKE運動手環FuelBand因不實宣傳必須賠償消費者240萬美元
據7月26日媒體報導，NIKE和蘋果日前結束了一項為期兩年的集體訴訟。這起集體訴訟的原告方指控NIKE誇大宣傳FuelBand手環，要求NIKE和行銷該手環的蘋果公司進行賠償。現在原告和被告達成和解協定。原告方稱，NIKE的FuelBand手環不能像廣告宣傳地那樣準確定位步伐、計算卡路里消耗量。訴狀稱NIKE和蘋果明知該產品存在這些缺點卻繼續銷售。
代理此次集體訴訟的律師表示，這兩家公司在商店內、電視和網路上宣傳FuelBand手環，誤導消費者。蘋果在店內銷售各種型號的FuelBand手環，直到今(2015)年3月才停止。由於FuelBand手環未能實現廣告所宣傳的定位功能，NIKE還違反了保證條款。
根據這份和解協定，在2012年1月19日和2015年6月17日之間購買了FuelBand手環的顧客可以獲得15美元賠款或價值25美元可在NIKE實體店門或者網路商店消費的禮券。
雖然蘋果被列入集體訴訟的被告，但蘋果公司對賠償不承擔責任，也不需支付訴訟費用，一切費用由NIKE公司支付，NIKE須賠償消費者共240萬美元。
此次和解協議的公平聽證會將於本(2015)年10月4日舉行，屆時將討論和解條款、律師費用和對集體訴訟代表的報酬。
【資料來源：中國紡織經濟信息網】
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【新聞來源：台灣紡拓會】
Nike Settles Class Action Lawsuit over FuelBand
Nike may have stopped making new versions of its FuelBand fitness tracker, but that has not ended its headaches over the device.
The company has settled a class action lawsuit brought by customers regarding whether Nike+ FuelBand actually did what it was advertised as offering. Apple was also named in the suit, and while both have settled, neither company admits to any wrongdoing.
It is a quick end to potentially messy litigation that might have dragged on long after the lifespan of the wearable line, which the company has moved on from. The deal provides consumers with a bit -- albeit a small bit -- of relief.
What the lawsuit claimed?
Details of the class-cation lawsuit and its settlement are posted at nikefuelbandsettlement.com.
The lawsuit claims that Nike and Apple engaged in violations of consumer protection laws in connection with the Nike+ FuelBand. More specifically, the lawsuit alleges, among other things, that false and/or misleading statements were made regarding the Nike+ FuelBand's ability to accurately track calories, steps, and NikeFuel, and that there were breaches of the warranty terms of the Nike+ FuelBand.
The settlement stops the court from making a ruling, which spares Nike the possibility of being found to have made misleading claims, and it allows the company to pay up without admitting it did anything wrong.
What do the consumers get?
Under the settlement, Nike has agreed to provide either a $15 cash payment or a $25 gift card redeemable at Nike-owned stores in the U.S. and Puerto Rico, and online at Nike.com, for each Nike+ FuelBand purchased by members of the Settlement Class during the class period for which a valid claim is submitted in time, according to the website.
The deal applies to customers who purchased the fitness tracker between January 19, 2012, and June 17, 2015.
This is a win-win
This type of lawsuit is not at all uncommon in the sporting goods world, where claims of benefits or what a device can do tend to be a little bit grey. In this case, consumers get a little bit of financial payback for a product the company has moved away from anyway.
Nike has to spend some money, but it would have done that continuing to fight the case. This deal makes it go away without the company admitting fault. And, if people choose the gift certificate over the cash, they could, of course, spend more at Nike, allowing the company to come out ahead.
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Original Article: INVESTOPEDIA
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