Motorola Agrees to Motoactv Sports Watch Class Action Settlement

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Motorola Mobility Inc. has agreed to settle a class action lawsuit that alleges the company falsely marketed a personal fitness tracking watch as being “rain-resistant” and “sweat-proof,” and accuses the company of failing to honor the product’s warranties. On Wednesday, a Pennsylvania granted preliminary approval to the Motorola Motoactv class action settlement.

U.S. District Judge Terrence F. McVerry found that the proposed Motoactv class action settlement agreement “is within the range of reasonableness and meets the requirements for preliminary approval.”

Under the terms of the Motorola fitness watch settlement, Class Members include consumers who purchased any version or model of the Motoactv GPS sports watch between Jan. 1, 2011 and April 16, 2014. Class Members will be eligible to receive a $35 coupon that can be used on Motorola’s website.

According to court documents, notice of the class action settlement will be distributed by May 2, 2014. A hearing has been scheduled for July 30, 2014 to determine whether the Motorola sports watch settlement will be granted final approval.

The Motoactv class action lawsuit was initially filed in August 2013 by named plaintiff Stacie Kobylanski, who claims that she paid a premium for the Motoactv GPS sports watch based on Motorola’s representations that the fitness tracker was “sweat-proof” and “rain-resistant.” However, she claims that the device malfunctioned within weeks after coming into contact with sweat. When she returned the watch, Motorola allegedly failed to honor the warranty because the product had suffered water damage.

“[D]espite its representations that the Motoacv product is sweat-proof and rain-resistant, Motorola has exhibited a uniform and nationwide policy of denying warranty claims for water damage to the Motoactv product resulting from its exposure to sweat and moisture,” the class action lawsuit said.

Kobylanski argued in her class action lawsuit that Motorola’s representations that the Motoactv GPS sports watch is “sweat-proof” and “rain-resistant” were false and misleading. She alleged that exposing the device to the exact types of moisture it was advertised as being able to withstand causes it to malfunction. Had she known that exposure to moisture would render the sports watch useless, she would not have paid as much for the product, or would not have purchased it at all.

More information about the Motorola sports watch class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Mark L. Durbin of Barnes & Thornburg LLP and Christopher T. Lee of Dickie McCamey & Chilcote PC.

The Motorola Motoactv GPS Sports Watch Class Action Lawsuit is Kobylanski v. Motorola Mobility Inc., Case No. 2:13-cv-01181, in the U.S. District Court for the Western District of Pennsylvania.