Lopes v. Fitbit, Inc., et al 3:18-cv-06665-JST — On November 1, 2018, investors sued Fitbit, Inc., (“Fitbit” or the “Company”) in United States District Court, Northern District of California. Plaintiffs in the FIT class action allege that they acquired Fitbit stock at artificially inflated prices between August 2, 2016 and January 30, 2017 (the “Class Period”). They are now seeking compensation for financial losses incurred upon public revelation of the Company’s alleged misconduct during that time. For more information about the FIT Lawsuit, please contact us today!
Summary of the Allegations
According to its website, Fitbit (NYSE: FIT) is a business “dedicated to health and fitness” that is “building products that help transform people’s lives.”
The Company’s history dates to 2007, when its founders “realized that sensors and wireless technology had advanced to a point where they could bring amazing experiences to fitness and health.” Today its mission is to empower people to live healthier and more active lives.
Its products purportedly include wearable devices such as health and fitness trackers and smartwatches that allow users to access relevant data.
Fitbit is incorporated in Delaware and its principal executive offices are located in San Francisco. It also has U.S. offices in Boston, San Diego, and Washington State; and international offices in Dublin, Hong Kong, Shanghai, Seoul, Bucharest, Minsk, New Delhi, Tokyo, Singapore, Shenzhen and Waterloo (Canada).
As of October 31, 2016, Fitbit had more than 170 million shares of common stock outstanding.
Summary of Facts
Fitbit and two of its officers and/or directors (the “Individual Defendants”) are now accused of deceiving investors by lying and withholding information about the Company’s business practices and prospects during the Class Period.
Specifically, they are accused of omitting truthful information about its competition and demand for its products from SEC filings and related material. By knowingly or recklessly doing so, they allegedly caused Fitbit stock to trade at artificially inflated prices during the time in question.
The truth emerged in a press release issued by the Company on January 30, 2017. In it, the Company disclosed that it expected its revenue for the fourth quarter of 2016 to fall well below previous estimates. The Company also “disclosed expected annual revenue growth of 17%, rather than the previously-announced forecast of 25% to 26%.”
A closer look…
As alleged in the November 1 complaint, the Company and/or Individual Defendants repeatedly made false and misleading public statements throughout the Class Period.
For example, in a press release issued at the beginning of the Class Period, one of the Individual Defendants said in relevant part: “Based on the progress of our business, against a backdrop of a growing worldwide opportunity for our products, we remain confident in our guidance for the year.”
On a conference call also held that day, the same Individual Defendant stated in relevant part: “We have additional new products to come this year. The positive response we have received from retailers, who have had had the chance to preview these new products under NDA in recent weeks, strengthens our confidence in our guidance for the year.”
Then, on October 6, 2016, the same Individual Defendant did a television interview in which he “made a variety of positive statements about Fitbit’s business, operations and prospects.”
Impact of the Alleged Fraud on Fitbit’s Stock Price and Market Capitalization
|Closing stock price prior to disclosures:
|Closing stock price the trading day after disclosures:
|One day stock price decrease (percentage) as a result of disclosures:
The following chart illustrates the stock price during the class period:
Actions You May Take
If you have purchased shares during the Class Period, you may join the class action as a lead plaintiff, remain a passive class member, or opt out of this litigation and pursue individual claims that may not be available to the class as a whole.
NOTE: The deadline to file for lead plaintiff in this class action is December 31, 2018. You must file an application to be appointed lead plaintiff prior to this deadline in order to be considered by the Court. Typically, the plaintiff or plaintiffs with the largest losses are appointed lead plaintiff.
In order to identify your potential exposure to the alleged fraud during the time in question, you may wish to perform an analysis of your transactions in Fitbit common stock using court approved loss calculation methods.
Recently Filed Cases
Listed below are recently filed securities class action cases being monitored by us, along with the class period and the deadline to file a motion to be appointed as the Lead Plaintiff in the action. Please contact us if you would like an LK report for any of these cases:
Levi & Korsinsky is a leading securities litigation firm with a hard-earned reputation for protecting investors’ rights and recovering losses arising from fraud, mismanagement and corporate abuse. With thirty attorneys and offices in New York, Connecticut, California and Washington D.C., the firm is able to litigate cases in various jurisdictions in the U.S., England, and in other international jurisdictions.
Levi & Korsinsky provides portfolio monitoring services for high-net worth investors and institutional clients. Our firm also assists investors in evaluating whether to opt-out of large securities class actions to pursue individual claims.