kate mclellan has a p- h-d in physical rehab, and is one of three people suing the company... claiming fit-bit's heart rate monitor don't work... and that the company's ads -- telling customers "every beat counts" -- are misleading. 23:07:16 kate mclellan sot tbd my fit bit was is really really low... after comparing the fit bit heart rate monitor to ones on equipment at her gym... she says she knew something was wrong -- and spoke to fit bit's customer service. 23:10:0: kate mclellan sot tbd: she made it sound like it was my fault, like i was using it wrong or wearing it wrong and she said... it's not really meant to track your heart rate all of the time... in a statement, a spokesperson for fit- bit says: we do not believe this case has merit. fitbit stands behind our heart rate technology and strongly disagrees with the statements made in the complaint and plans to vigorously defend the lawsuit... the company is also stressing that fitbit trackers are designed to provide meaningful data to help users reach their health and fitness goals, and are not intended to be scientifi

mclellan leads everybody with 21. um beats duke by 11. 80-69. canes 16 and 3. 5 and 2 in the league. >> i think we have a good team. i don't think we are a fluke by any means. i don't think tonight was some big upset. >> i like playing the power uses that he is what we come to the acc for. you have a darn good basketball team and they won a really tough game today. they can play with anybody. >>reporter: well played. got to kill a couple of weeks before the superbowl. february seventh. denver and carolinaenver defense going to be felt by tom brady for days. hit brady season high 23 times yesterday. still just narrowly beat new england 20-18. denver is the undog if the superbowl. the i mean you going to pick the broncos or pick the panthers. we don't really pay`too much attention to it. we have to still go out on sunday superbowl sunday and we still got to play the game. >>reporter: carolina a quarterback newton moves a little better in the pocket than tom brady. newton and panthers celebrate big. the coach told them to keep on keeping on. >> i t

. >> kate mclellan's lawyers are seeking a class action status -- saying the company is treating customers unfairly noting that , in order to even use the device, you must log in to fitbit's website, and register you've already bought it. >> you cant even use it as a watch to tell what time it is unless you register it on the website and that's when you have to agree to all of these terms. >> that registration includes an agreement that mclellan's lawyers say prevents customers from taking certain legal action against the company. >> they are told they are bound by the arbitration clause and class action ban. that's unfair. >> fitbit says their agreement has already been upheld in a california court, and according to their website -- customers have 30 days to opt-out of the arbitration agreement. while many users are stepping up to support the device -- lighting up social media and posting four and five star reviews on amazon -- others arar telling this perfect holiday gift to take a hike. myra: time now for the timeline in 2006, howard stern made his debut. his contract is worth up to $5

mclellan is the canes leading scorer. >> he's a guy that can slash, hit 3 very athletic defensively and very complete and really knows thousand play the game. they certainly have the make they certainly have the makings of a heck of a team this year. you can see that watching miami. >> tomorrow night. high school hoop tonight. we get everything. new orleans and central. he goes to um no. 20. second quarter david baptist to the cup. new orleans leads by 12 at the intermission. fourth quarter this is huell. had he 15. led everybody. they beat central 61-52. vikings are 14 and 3. cincinnati linebacker perfect suspended the first 3 games next season for clocking pittsburgh receiver antonio brownaturday night. looked like antonio went out cold. perfect will appeal. pittsburgh beat cincinnati in the game. antonio has to pass concussion tests to be able to play sunday at denver. cincinnati safety pac-man jones said this morning he thinks brown was faking it. >> antonio brown was not hurt. i know he was faking. go back and look at the play. antonio brown had already went off the field. and ever

because it wasn't accurate and had i worked out harder i could have put myself at risk"mic qkate mclellan is one of the faces of the lawsuit.mclellan says she bought a fitbit to track her heart rate while working out.but she knows her body and says the heart rate the product displayed was well below how fast her heart was actually beating.sot6:18"they advertise it as being great to track your heart rate when number they're displaying as your heart rate isn't your heart rate."mic q the lawsuit alleges the purepulse trackers consistently mis-record heart rates by a very significant margin.it claims fitbit promoted the heartrate feature, profited from it and by doing so defrauded the public and cheated its customers.sot9:48"i paid extra for the heart rate monitor because i wanted to stay in a safe range and that's the extra part that isn't working" mic qthis is not fitbit's first legal run in.last year team 10 uncovered several hundred new complaints about fitbits that were supposed to be fixed.people complaining online and to the cpsc about rashes while wearing the popular fitness trackers.

sheldon mclellan again was splendid doing almost all of his damage in that second half. 20 of his 21 points in the final 20 minutes. jaquan newton chipped in with 13 , and fsu is now 0-3 in acc play , never led in this game and falls, 72-59. gainesville, florida gators hosting superstar ben simmons and lsu. simmons the former star at montford. almost certainly to leave the tigers for the nba after his freshman year. the gators try to bounce back after that embarrassment, and they did. the final score was 68-52. other college scores, situps and -- stetson falls. miami dolphins have the man to take them back to the playoffs. adam gase, offensive coordinator for the chicago bears, hired away by the fins today. at 37, will become the league' s youngest head coach. has no head coaching experience, but had been on the radar of a number of teams, having interviewed with the eagles, browns and giants. nfl playoffs began this afternoon with a bang for kansas -- four the texans. this is the opening kickoff, taken six yards deep in the end zone by nile davis. and with a the help of a few great

sheldon mclellan has a smoking second half. duke cuts it to five but the hurricanes beat the devils 80- 69. duke does not play another game until a week from today at georgia tech. they are keeping an eye on barber's injured knee. it's wait and see if he can play wednesday night at home against georgia tech. that game is tomorrow night on wral. leading acc scoring at 22 points per game. >>> thomas davis had surgery yesterday morning to repair a fracture in his right arm. ron rivera said if everything goes well he could most certainly be able to play. that'd be great news for the panthers getting ready for the biggest became of their careers. don't expect a lot of changes and you know they won't shy away from the attention. >>> coming up at 6 the canes tonight. the blackhawks top team in hockey out west. >>> thank you jeff. a grand jury makes a decision over controversial videos targeting planned parenthood. details on the unlikely turn of events that unfolded in court. also the winter storm impacted more than businesses and sch

sheldon mclellan had 18 points, but the pack led the entire second half, shot 51 per cent -- 51% for the game and fells the ' some other college scores, florida state defeated clemson, stetson falls on the road at jacksonville. rollins was a winner as well, so was bethune cookman university. if there' s a late-night noise ordinance near the daytona international speedway, it most certainly is being compromised on this night as the rolex 24 hours at daytona rolls on until sunday afternoon. this, the first event following the completion of the $400 million daytona rising project. they took green in this thing at 2:40 the checkered to come a the same time on sunday. chip ganassi' s team of tony kaanan, scott dixon, jamie mcmurray and kyle larson grabbing the overall lead in this thing for a bit mid-evening on saturday. the newfangled delta-wing prototype out front for a number of laps early, then slamming into the back of a stalled car on the track. no one hurt, but tough luck for the delta-wing again. once again the visit florida , team out of daytona featuring winter park' s own ryan

todd mclellan in the house today.led the sharks for the better part of a decade before walking away in this off season. his new squad is in the pacific cellar. there is no time for nostalgia. >> it's been eight years since i've been in this side. i went in the wrong room. i didn't realize that the visitors were on the other side of the hallway now. we have our work cut out for us. >> the sharks have won three straight headed into tomorrow's showdown. increase speed, full throttle! (over intercom) ann, are you coming in? negative! stay on target. what are you guys doing? r2, thrusters! they're closing in! i'll guard the base. for every family that lives star wars, this is the place where star wars lives. where a galaxy far, far away... ...is closer than ever before. move along. come join us...as star wars awakens. and right now you can save on premium rooms at the disneyland resort. >>> you know what they are chanting there? they are chanting chino hills. if you are in chino hills which is east of l.a. tonight and you

little alley-oop action, newton throwing it up, and hey we aren't done, and we aren't done with mclellan, he is going to do it one more time. guess who is lovinghis? a rod, big spire.

oilers head coach todd mclellan playing his former team.go to a shootout.and it's joe pavelski with the long-wrist shot. next up.joonas donskoi scores with the short shot. the sharks win 2-1 over the oilers. >> pam :good night everybody >> gary :2-1 sharks! my name is griselda zendejas. i love working in the salinas area because i always wanted to do something where i could help people around me. so being a construction supervisor for pg&e gives me the opportunity to give a little bit back to my community. i have three boys. they're what keep me going every day. our friends, families live in the area. and it is important for all of us that we keep our community safe. together, we're building a better california. so what about this? your old technology... it's time to get into the new with ford ♪ come and get it if you really want it... ♪ new is ecoboost technology. new is a foot-activated liftgate. new is tougher, stronger and lighter. new is ford. america's best-selling brand. now get into a new focus, fusion, or escape with 0% financing f

little alley-oop action, newton throwing it up, and hey we aren't done, and we aren't done with mclellan, he is going to do it one more time. guess who is loving this? a rod, big spire. canes fans big smile, they roll in this 180-69, r r says hey, we need more respect around here. >> i think this year we are taking pride on making people respect us, i think a lot of people don't give us enough credit. >> no toootball, remember this picture that done shula posted. shula spent some tyne and talked dolphins head man. >> i enjoyed meeting and talking to him, and i think he was the right man for the jab, and i think they made a good choice with the guy that they hired and on the ice, the panthers are locking up one of their corner stones. that according to multiple ports tonight, the cats welcome the maple leaves to south florida on tueay, before getting some time off for the all star break. and asight for john carlos stanton's sore eyes, the marlins moving in the outfield fences. a sneak peek at the construction work, we expect to see a few more home runs in 2016 with those fences moved in a