Calorie miscount? Nike to pay refunds on its FuelBands

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The Nike+ Fuelband SE isn't perfect, but the activity tracker is the closest realization yet of what a wearable device should be. The Fuelband is a simple, rubberized black band that you wear around your wrist. It records your movements and tells you how active you are (or aren't) by displaying your "Nikefuel" number.

NEW YORK — Get ready to cash in your sweaty old Nike “FuelBand” because you might not have been burning as many calories as you thought.

Nike, Inc. and Apple Inc. have reached a settlement that allows fitness band owners to receive partial refunds, according Gilardi & Co., an administrator of settlements, stemming from a pending lawsuit in Superior Court in Los Angeles.

The suit had claimed that “misleading statements were made regarding the Nike+ FuelBand’s ability to accurately track calories, steps and NikeFuel,” according to Gilardi.

While Nike and Apple deny the claims, owners of the FuelBand are eligible for a $15 payment or a $25 Nike gift card, under the terms of the settlement.

FuelBands are still for sale and cost anywhere from $90 to nearly $290.

The FuelBand tracks the owner’s activity through a “sport-tested accelerometer,” and “translates every move into NikeFuel,” according to Nike. The owner can set daily goals for NikeFuel as a way to stay in shape or lose weight.

Nike and Apple did not immediately return messages from CNNMoney.