Toys ‘R’ Us Free Gift Class Action Lawsuit

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Toys “R” Us, Inc. has been hit with a class action lawsuit claiming it engaged in a bait-and-switch scheme that lured in online shoppers with offers of valuable free gifts, but then gave them dinky gifts, or no gift at all.

Lead Plaintiff William Probert alleges in the Toys “R” Us class action lawsuit that these misleading sales tactics included promising customers free gifts like a $15 Barbie clothing outfit when they purchased a $75 Barbie Doll. However, most shoppers received much cheaper incentive gifts because the company either stocked an “exceedingly limited” number of the advertised free gifts or had no intention to give the expensive gifts at all, according to the class action lawsuit.

“Under this business model, consumers almost always receive a ‘free gift’ of substantially lesser value than what was advertised and which served as the basis of the bargain, or no ‘free gift’ whatsoever,” the Toys “R” Us class action lawsuit states. “This business practice, thus, constitutes a modern ‘bait and switch’ scheme. Toys R Us does not honor its promises to provide the promised free gift, and indeed never intended to honor its promises.”

Probert claims he was lured to the Toys “R” Us website to purchase four Lego building sets, worth $62 and $112 each, based on an ad promising he would receive $15 Lego building set as a free gift with purchase. Instead, Probert was offered a $5 Christmas tree figurine and a $5 magnet, the class action lawsuit says.

Probert alleges in the Toys “R” Us class action lawsuit that the toy seller never intended to provide any of the $15 free Lego sets they promised, or stocked so few of them that only a small number of customers would actually receive them.

Probert is seeking to represent a proposed class of all Toys “R” Us customers nationwide that purchased, not for resale, a product from the Toys “R” Us website and did not receive the “free gift” that was represented at the time of sale would accompany the purchase.

It is seeking restitution, unspecified damages and an injunction barring the company from engaging in the alleged wrongful conduct based on allegations of a breach of contract, violations of New Jersey’s Consumer Fraud Act and Connecticut’s Unfair Trade Practices Act, and more.

The Toys “R” Us Free Gift Class Action Lawsuit case is William Probert v. Toys “R” Us, Inc., Case No. 12-cv-07237, U.S. District Court, District of New Jersey.

UPDATE: Toys “R” Us has agreed to settle the Free Gift class action lawsuit, according to court documents filed on May 5, 2014.