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fitbitFitBit is now facing a class-action lawsuit over rashes caused by the FitBit Force. The company has previously issued statements and recalled the product after 1.7% of Force users had reported an irritation. But that’s not good enough for one Force owner who, according to WSJ, had not experienced any adverse effects from wearing the device.

Jim Spivey, a 49-year-old aviation teacher, feels FitBit did not do enough to alert consumers about the potential for injury. “I have a concern that there is still a risk of developing an injury for me and others,” he says.

Spivey has not developed any skin irritations.

The class-action lawsuit seeks FitBit to contact every Force owner in California and arrange to refund the $130 cost of the Force along with tax and shipping fees. John Fiske, head of the mass torts practice at the Gomez Firm in San Diego, filed the case.

FitBit already offers a full refund of the Force and provides a free shipping kit. The startup has stopped selling the device and the Force product page redirects to a notice from CEO James Park about the voluntary recall. The company also previously emailed all registered FitBit owners about the recall.