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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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
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
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270 thoughts onJ.C. Penney Fake Sale Class Action Lawsuit Settlement
Hi there! Does this also include purchases on the JCPenney website while in California and as as a CA resident?
THERE IS AN ERROR IN THE CODING. ITS NOT THE TRAFFIC. FIX THE CODING. LINE 57 HAS A SPELLING ERROR. Empty IS NOT SPELLED EmTpty. Line 55: C = New Claimant
Line 56: C.PKId = TypeHelper.ToEmpty(dr(“PKId”))
Line 57: c.FiledClaim = TypeHelper.ToEmtpty(dr(“FiledClaim”))
Line 58: C.RecordType= TypeHelper.ToEmpty(dr(“RecordType”))
Line 59: C.RefNum = TypeHelper.ToEmpty(dr(“RefNum”)) ‘ social security number
Can’t get claim form to come up
UPDATE: On Mar. 16, 2016, Top Class Actions has checked and the J.C. Penney Fake Sale Class Action Settlement website is working, it’s just going down intermittently due to high traffic. Please try again.
Was easy for me thanks, what about the CASHCALL claim, anyone know about that one?
I have tried several times and im so upset now because ive tried calling and filing on line and have not been able to get through!!! I have my id number that was sent to me, i was unable to send it in but wrote it down it is 308530DYQQMMR
Cannot file a claim. The link does not work.
the provided link does not work
Me too.
An envelope and 49 cent stamp work well for me. I prefer cash not credit. Really do not feel like supporting a store with false advertising practices though I am sure there are more out there than just JC Pennys
None of the sites to file a claim for the suit work.
I am having the same problem.
I cannot get to the claim form. Makes it sort of hard to file, you know?
Because California has the most liberal, left leaning judges in the country.