Jos. A. Bank Fake Sales Class Action Lawsuit

Wednesday, 13 June 2012 03:00

Jos. A. Bank Fake Sales Class Action Lawsuit

By Mike Holter

 

UPDATE: Judge tosses Jos. A. Bank Fake Sales Class Action Lawsuit.

 

Men’s clothing retailer Jos. A. Bank has been hit with a class action lawsuit for.... having too many sales?

Seems weird at first, but the class action lawsuit actually makes sense when you break it down to the simple argument that when a store’s merchandise is always on sale, it’s never really on sale, which means the retailer is tricking customers into believing they're paying a discounted price.

According to the Jos. A. Bank class action lawsuit, the menswear retailer’s merchandise is “perpetually on sale and the sale price is actually the price at which the merchandise is regularly offered.”

The class action lawsuit continues:

"Jos. A. Bank's misleading, inaccurate and deceptive marketing cultivates the perception that consumers are being offered a discount from the Company's regular prices when, in fact, they are not. Plaintiffs and the Class were intended to and did rely upon Jos. A. Bank's representations when they purchased Jos. A. Bank merchandise. Plaintiffs and the Class would not have purchased Jos. A. Bank merchandise, or would have paid significantly less for the merchandise, if Jos. A. Bank had not represented that the merchandise had a ‘regular price’ that was well above the ‘sale’ price. As a result, Jos. A. Bank has handsomely profited from its misrepresentations to the detriment of Plaintiffs and the Class.”

Jos. A. Bank creates “a false sense of urgency,” the class action lawsuit continues, by advertising such sales “as being of a limited duration, thus creating the false impression that the price of the merchandise will increase back to the ‘regular price’ if a consumer does not make a purchase by the end of the sale.”

 

However, that “regular price” never actually comes.

The Jos. A. Bank class action lawsuit is brought on behalf of all U.S. consumers who purchased Jos. A. Bank merchandise from April 5, 2006 to the present. It is seeking compensatory damages, treble damages, restitution, disgorgement of profits, and more for alleged violation of the New Jersey Consumer Fraud Act and for Unjust Enrichment and Common Law Restitution.

The Jos. A. Bank Sale Class Action Lawsuit case is James Waldron, et al. v. Jos. A. Bank, Case No. 12-cv-02060, U.S. District Court, District of New Jersey.

 

Updated January 30th, 2013

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

Last Updated on Wednesday, 30 January 2013 10:06