J.C. Penney Fake Sale Class Action Lawsuit Settlement

J.C. Penney agreed to pay $50 million to settle accusations that the department store chain engaged in a “false advertising” scheme.

Plaintiff Cynthia Spann filed the fake sale class action lawsuit after allegedly purchasing three blouses that were marked with an “original” price of $30, on sale for $17.99 each. Spann says she discovered later that those same shirts were not priced above $17.99 in the three months prior to her purchase, in violation of California state law.

J.C. Penney tried to get the class action lawsuit dismissed but was denied that request by U.S. District Judge Fernando Olguin who agreed with the plaintiff that it was possible that reasonable consumers would not have made the purchases they did, had they known the price-comparisons were fake.

J.C. Penney has not admitted to doing anything wrong but agreed to settle to avoid the cost of further litigation.

Who’s Eligible

J.C. Penney class action settlement Class Members include all individuals who while in the State of California purchased one or more private or exclusive branded items of apparel or accessories advertised at a discount of at least 30 percent off the “original” or “regular” price between Nov. 5, 2010 and Jan. 31, 2012 or Jan. 1, 2013 and Dec. 31, 2014.

Potential Award

Varies.

The J.C. Penney settlement fund will be divided up between Class Members based on the amount of purchases made within the Class Period. Class Members will have the option of choosing either a cash payment or a J.C. Penney store credit.

Proof of Purchase

N/A

Eligible Class Members do not have to submit a proof of purchase but they will have to file a Claim Form no later than June 30, 2016.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

06/30/2016

Case Name

Cynthia E. Spann v. J.C. Penney Co. Inc. et al., Case No. 8:12-cv-00215, in the U.S. District Court for the Central District of California

Final Hearing

08/25/2016

UPDATE: On September 30, 2016, the court granted the J.C. Penney Fake Sale settlement final approval.

UPDATE 2: On October 7, 2016, an appeal to the J.C. Penney Fake Sale settlement was filed.  Claims will not be paid until all appeals are resolved.  Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: On November 7, 2016, the single appeal filed was dismissed.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 4: Top Class Actions viewers who submitted timely and valid claims for the J.C. Penney class action settlement began receiving store vouchers ranging between $87.50 to more than $600! Congratulations to everyone who got PAID! 

Settlement Website

www.JCPenneySettlement.com

Claims Administrator

Spann v. JCPenney Corporation, Inc.
c/o Heffler Claims Group
P.O. Box 509
Philadelphia, PA 19105-0509
855-731-7497

Class Counsel

Matthew J. Zevin
STANLEY LAW GROUP

Derek J. Emge of
THE EMGE FIRM, LLP

Defense Counsel

Moe Keshavarzi
John Landry
Heather L. Plocky of
SHEPPARD MULLIN RICHTNER & HAMPTON LLP