The accuracy of Fitbit’s sleep tracking technology is the subject of a new class action lawsuit, reports Wareable.

Just last month, Fitbit rolled out new Sleep Schedule features based on its sleep tracking tech, developed in conjunction with experts at Stanford, Johns Hopkins and the University of Arizona.

Now it is, once again, in a spot of bother with the law. The accuracy of Fitbit’s sleep tracking technology, specifically allegedly misrepresentative claims on Fitbit Flex packaging, are the subject of a class action lawsuit. It’s a separate case to the controversial heart rate tracking lawsuit that we’ve reported on previously.

Fitbit tried to get this case thrown out, citing “bad science” in the evidence presented, but a judge has just ruled that it will move forward. That doesn’t mean it will necessarily go to trial, just that Fitbit has to mount a legal defence against the claims.

The lawsuit, which was first filed in San Francisco in 2015, doesn’t just cover packaging and false advertising. It alleges unfair trade practices, fraud as well as getting into sleep tracking technologies, how they work and how accurate (and therefore useful) they are.

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