Wearables are poised to be the next big thing in technology, but despite their potential, making claims that your product can’t live up to is still considered a foul play. Nike Inc. and Apple Inc. have announced that they will settle a class action lawsuit that alleges the companies falsely represented the capabilities of the Nike+ FuelBand wearable fitness system in their marketing campaigns.

The complaint, which was filed by Carolyn Levin in Superior Court for the State of California, alleged that while the exercise tracking FuelBand was marketed as being able to “track every step and calories burned” by the user, it did not do so accurately. Plaintiffs contend that the band gave wildly inaccurate information concerning their physical activity, and also that the companies breached warrant terms in refusing to reimburse users for broken fitness bands.

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