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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
mine was in the form of a gift card number with PIN that could only be used online. Did some people receive checks? Another class action I was in through Burlington Coat Factory said we had the choice of receiving a check or a voucher to be used as store credit which was worth more. So I’m wondering if those that got a check got the lesser amount? I can’t even remember selecting a choice LOL
I got an email stating I was awarded $612.50! I havent attempted to.use it yet, but I was shocked when I saw the amount!
Update 5.. Class actions have no clue. Anyone saying they got voucher or credit or check more then 87.50 is not telling truth its fake numbers.
there were screen shots of emails with vouchers worth $260+ posted the day they were e-mailed. someone also posted a voucher worth $175 that they received in the mail
My friend received a check for over $200. She didn’t even join this class action. Weird.
I’m in San Diego California I received a check of $87.50 on 1/17/17
Mine was 350.00. Says we can only spend it on JCP.com I am wondering if we buy something and don’t like it in person (since it was an online order), can we return it and still get a gift card or merchandise credit as the refund?
Did anyone’s claim number on the check not match the claim number given??? Mine don’t match.
Anyone know if they are still mailing checks out? I am still waiting.
Located in Missouri…got a check on 1/14/16 for $87.50.
Yay. Got a check for $87.82 today. God is so good.
Got in yesterday
Correction. Got my ck yesterday