Well, guys, this one claims that the Charge, HR and the Surge model Fitbits do not accurately track your heart rate, something that can be

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Fitbits do not accurately track your heart rate, something that can be

critical when you`re working out.>

help you keep that New Year`s resolution of getting into shape and staying

healthy. But now the makers of Fitbit are coming under fire.>

NATALIE MORALES: Well, guys, this one claims that the Charge, HR and the Surge model Fitbits do not accurately track your heart rate, something that can be critical when you`re working out.

(Begin VT)

NATALIE MORALES: It`s one of the season`s most popular holiday gifts, a gadget to help you keep that New Year`s resolution of getting into shape and staying healthy. But now the makers of Fitbit are coming under fire.

KATE MCLELLAN (Fitbit Lawsuit Plaintiff): I`m a mom. I like to work out, I like to be fit.

NATALIE MORALES: Kate McLellan has a PhD in physical rehab and is one of three people suing the company claiming Fitbit`s heart rate monitor doesn`t work and that the company`s ads telling customers every beat counts are misleading.

KATE MCLELLAN: My Fitbit sent from my heart rate was only one fourteen and that did not make sense to me because that`s one fourteen is kind of what I would be like if I was walking on the treadmill and maybe a little bit of an incline but not really working hard.

NATALIE MORALES: After comparing the Fitbit heart rate monitor to ones on equipment at her gym, she said she knew something was wrong and spoke to Fitbit`s customer service.

KATE MCLELLAN: She made it sound like it was my fault, like I-- I was wearing it wrong or I was using it wrong and she said it`s not really meant to track your heart rate all of the time.

NATALIE MORALES: In a statement, a spokesperson for Fitbit says, "We do not believe this case has merit. Fitbit stands behind our heart rate technology and strongly disagrees with the statements made in the complaint and plans to vigorously defend the lawsuit." The company`s also stressing that Fitbit trackers are designed to provide meaningful data to help users reach their health and fitness goals and are not intended to be scientific or medical devices.

MAN: The truth is it doesn`t count every beat. It can`t. It`s wildly inaccurate.

NATALIE MORALES: Kate McLellan`s lawyers are seeking a class action status saying the company is treating customers unfairly noting that in order to even use the device you must log in to Fitbit`s website and register the heart rate monitor after you`ve already bought it.

BOB KLONOFF (Class Action Attorney): You can`t even use it as a watch to tell what time it is unless you register it on the website and that`s when you have to agree to all of these terms.

NATALIE MORALES: That registration includes an agreement that McLellan`s lawyers say prevents customers from taking certain legal action against the company.

MAN: They are told that they`re bound by this arbitration clause and class action ban. Well, that-- that`s unfair.

NATALIE MORALES: Fitbit says their agreement has already been upheld in a California court. And according to their website, customers have thirty days to opt out of the arbitration agreement. And while many users are stepping up to support the device, lighting up social media and posting four and five-star reviews on Amazon, others are telling this perfect holiday gift to take a hike.

(End VT)

NATALIE MORALES: Well, this lawsuit just the latest headache for Fitbeit-- Fitbit. The company`s stock has dropped twenty percent after their latest product, the Fitbit Blaze, left investors somewhat underwhelmed. But we were all saying, I mean, we all have various tracking devices. I think we use it more as a guide--

AL ROKER: Sure.

NATALIE MORALES: --as a motivator--

CARSON DALY: Right.

SAVANNAH GUTHRIE: Yeah.

NATALIE MORALES: --not necessarily-- it`s not a medical device so.

AL ROKER: Right.

SAVANNAH GUTHRIE: That`s not their expectation.

AL ROKER: Exactly.

NATALIE MORALES: It will be curious to see how far the class action suit goes.

AL ROKER: People are looking for a little too much.

SAVANNAH GUTHRIE: Perhaps. It`s just a Fitbit, it`s not love.

AL ROKER: It`s not your doctor.

SAVANNAH GUTHRIE: All right. Coming up on POPStart, a surprise performance from Beyonce that you have got to see. And Matt.

MATT LAUER: And we`re going to get you ready for Hollywood`s biggest party of the year, the Golden Globes. Which stars are on Ricky Gervais` joke list? We`ll sit down with the returning host. But first, these messages.

(ANNOUNCEMENTS)

MATT LAUER: We`re back in Los Angeles on this Friday morning. I`m joined by NBC`s Joe Fryer. He`s going to give us a guide now to Hollywood`s biggest party. Hey, Joe, good morning.

END

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