Balfour et al. v. iFIT Health and Fitness, Inc.

Plaintiff filed this lawsuit against iFIT alleging that iFIT manufactured and sold a variety of “smart” treadmills and other fitness equipment fitted with specialized touch screen consoles that provided features such as live workout streaming, interactive workouts, and more detailed workout tracking, and when iFIT pushed a mandatory software update onto these consoles, it caused, or may in the future cause, the failure of display consoles in certain iFIT products (the “alleged defect”). iFIT denies the allegations in the lawsuit. The Court has not decided who is right.

In a class action lawsuit, one or more persons called plaintiffs sue on behalf of other persons that have similar legal claims. The people are a “Class” or “Class Members.” In this lawsuit, the people who sued are called the “Plaintiffs.” The company and people they are suing, iFIT Health and Fitness, Inc., is called the “Defendant.” One court resolves the issues for everyone in the Class, except for those people who chose to exclude themselves (opt out) from the Class.

The Court has not decided in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a Settlement to avoid the cost and risk of a trial. Class Members who submit a valid Claim Form will receive Settlement benefits. The Plaintiffs and Class Counsel believe the Settlement is best for the Class and represents a fair, reasonable and adequate resolution of the lawsuit.

The Defendant denies the legal claims in the lawsuit; denies all allegations of wrongdoing, fault, liability or damage to the Plaintiffs and the Class; and denies that they acted improperly or wrongfully in any way. The Defendant nevertheless recognizes the expense and time that would be required to defend the lawsuit through trial and has taken this into account in agreeing to the Settlement.

You are a Class Member if you are a person in the United States or its territories who, on or before January 23, 2023, purchased a Class Device. The complete Class Device List is available here. To easily identify this information, look for a label like the following on your machine. If you are unable to locate the label on your machine, please look at your owner’s manual for the label’s location on your exercise equipment (Class Device).

“Class Device” means any fitness equipment manufactured by iFIT or any of its past, present and future parents, predecessors, successors, spin-offs, assigns, holding companies, joint-ventures and joint-venturers, partnerships and partners, members, divisions, stockholders, bondholders, subsidiaries, related companies, or affiliates (including specifically, but without limitation, iFIT, Inc. fka ICON Health & Fitness, Inc. and Free Motion Fitness, Inc.) equipped with a Royal Wolf, Argon 1, or Argon 2 tablet, which was (1) purchased on or before January 23, 2023; and (2) which a Class Member connected to the iFIT network between November 1, 2021, and January 23, 2023.

Excluded from the Class are Defendant; any entity in which Defendant has a controlling interest or which has a controlling interest in Defendant; Defendant’s legal representatives, assigns and successors; and all judges who have presided over the Action and any member of the judges’ immediate families.

If you are still not sure whether you are a Class Member, you may call 1-855-604-1828.

Class Members who submit a Valid Claim by the deadline are eligible for one of the following benefits:

1. Repair: If you are a Class Member and you are still in possession of a Class Device that failed after November 1, 2021, due to the alleged defect but have yet to repair it or whose Class Device fails due to the alleged defect by May 6, 2025, iFIT will replace and install a replacement tablet or console at no cost to you. The replacement parts and service will be provided by iFIT, and iFIT will determine whether to replace only the tablet or the entire console (i.e., the housing in which the tablet is installed, as well as the tablet itself).
2. Refund: If you are a Class Member who, on or before May 6, 2024, paid iFIT to repair a Class Device that failed due to the alleged defect, iFIT will refund any documented and verified amounts paid to iFIT to repair or replace the Class Device’s console or tablet, including all amounts paid to iFIT for diagnosis, replacement parts, and accompanying service.
3. Credit: If you are a Class Member and (i) you contacted iFIT about the alleged defect in a Class Device prior to May 6, 2024, as reflected in iFIT’s records, (ii) you did not receive a no-cost repair, and (iii) subsequently you disposed of your Class Device, iFIT will compensate you with a coupon for 20% off (up to a value of $600) toward the purchase of fitness equipment and/or service at either of www.nordictrack.com, www.proform.com, or www.workoutwarehouse.com.

In addition, if you are a Class Member who on or before May 6, 2024, (1) paid for an iFIT streaming content subscription membership and subsequently lost access to the streaming content for one or more months because the tablet on your Class Device ceased to function and (2) contacted iFIT for repairs, but iFIT failed to repair or replace the tablet at no cost within a month of such a request being made, you will be entitled to 20% off a twelve month extension of that same subscription membership.

To be eligible for benefits from the Settlement, you must be a member of the Class and you must have submitted a valid Claim Form by May 6, 2025, or signed and returned by U.S. mail a valid Claim Form postmarked by May 6, 2025. You will not be eligible to share in the benefits of the Settlement if you filed a request to be excluded from the Class or did not submit a timely and valid Claim Form by the deadline.

The Court held a hearing on November 7, 2024, and decided to approve the Settlement on December 2, 2024. Even though the Court has approved the Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. If you file a valid Claim Form, you will not receive any benefits until any appeals are resolved. Please be patient.

Unless you excluded yourself (“opted out”) from the Class by timely submitting a request for exclusion from the Class, you will remain in the Class. This means you cannot sue, continue to sue or be part of any other lawsuit against iFIT about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you and that you will release the legal claims detailed in the Settlement Agreement. The Release is provided in the Settlement Agreement in section IX in necessary legal terminology. The Settlement Agreement is available here.

Yes, the Court has appointed lawyers from the law firms Cafferty Clobes Meriwether & Sprengel LLP and Sauder Schelkopf LLC to represent you and the other Class Members. The lawyers are called Class Counsel. They are experienced in handling class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense, but you do not need to.

You may contact Class Counsel if you have any questions about the Settlement. Please do not contact the Court.

The Court has approved Attorneys’ Fees & Expenses in the amount of $975,000 to be paid by iFIT separately and a Service Award to each Plaintiff (Scott Balfour, Don Lee, Kuldeep Singh, Matthew Templon, and Shelia Voorheis) in the amount of $3,000 to compensate Plaintiffs for their efforts in pursuing this lawsuit.

If you wanted to keep the right to sue or continue to sue iFIT about the legal claims in this lawsuit, and you did not want to receive any benefits from this Settlement, you must have taken steps to exclude yourself from the Settlement. This is called “excluding yourself”—or is sometimes referred to as “opting out” of the Class.

The deadline to exclude yourself from the Settlement, September 3, 2024, has passed.

No. If you chose to exclude yourself from the Settlement, you told the Court that you did not want to be part of the Class in this Settlement, and you will not be bound by any judgment in this case.

You can only get benefits from the Settlement if you stayed in the Class and submit a valid Claim Form for the benefits as described above.

If you chose to exclude yourself from the Settlement, you did not give up the right to sue iFIT for the legal claims this Settlement resolves and releases. You must have excluded yourself from the Class to start or continue with your own lawsuit about the legal claims involved in this Settlement.

The deadline to submit an objection to the Settlement, September 3, 2024, has passed.

Objecting is simply telling the Court that you do not like something about the Settlement. You could have objected only if you stayed in the Class (i.e., did not exclude yourself). Excluding yourself is telling the Court that you do not want to be part of the Class. If you excluded yourself, you could not have objected because the Settlement no longer affected you.

The Court held a Fairness Hearing on November 7, 2024, and granted Final Approval on December 2, 2024. At the Fairness Hearing, the Court considered whether the Settlement was fair, reasonable, and adequate to Settlement Class Members. The Court also approved Fee Awards for Class Counsel, and Service Awards for Plaintiffs.

This website summarizes the Settlement. More details are in the Settlement Agreement, which is available here. The Settlement Agreement is also filed with the Court. You may examine the Court’s file in the Clerk’s Office at the United States District Court for the District of Delaware, 844 North King St. Unit 18, Wilmington, DE 19801-3570 for more complete information about the details of the lawsuit and the approved Settlement. Relevant case filings will be added to this Settlement Website here as Settlement proceedings continue.