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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
as ago to saver if I am eligible because I think if I get a notice a carton with a notice but do not take him inportansia ago to saver if I elejible please help
Those damn liberal judges, protecting consumers from deceptive practices, what a bunch of jerks!
macys does the same thing.Especially on Black friday.. they list the prices as 50% off regular price but they have marked up the usual price.
It doesnt explain why they need the four ss digits for cash payout.. I dont feel comfortable with that.
You have the option for store credit if you are not comfortable doing that. I too am not comfortable with it so i am doing the store credit offer. I do not shop there but I will need socks, underwear, white t-shirts, etc in the future so I may as well get them from there once I have the voucher. It is pretty much the same as cash.
Im with Jon..I opted for the store credit. Plus, in many instances, you sometimes get more $ opting for a store credit than you would the cash option. Ijs lol
Tax purposes
it had that number and others. that was the first numbers 30853
ah I see what you are talking about , its asking you to complete the rest of the numbers on a card you may have received , it you did not receive one , then it states to leave it blank.
I printed out one for myself and one for my mother and both of them had the same customer number. I switched to another computer to see if the numbers would change and I would have a new unique customer Id number and it didt. I wonder if this will jeopardize me being able to get my claim. Is it just me or is every ones claim number 30853? This is really weird I may just have to settle for store credit
This lawsuit will only allow one claim per household if you have no receipt. Each household will be given one claimant ID number. That is why the person above is getting the same number when they try to print one out of themselves and their mother. JC Penney mailed out postcards to people who completed these transactions with them using their store card. There are household who received multiple postcards because there are multiple people with a jc penney card. Each person will be entitled to their own check or store credit in that scenario. The lawsuit also doesnt apply to all purchases, only purchases made on brands not sold at other stores, and only if the purchases were made under the guise that the purchase was on sale. This is a pretty big lawsuit so the social security numbers (last 4) are being asked to prevent fraud. If you are not comfortable with it then you have the choise to not file.
I was able to get list of transactions and print out a claim form to send in today. Does anyone know why the last 4 digits of SSN are required?
Will the cash or credit amount differ?
No. If you read the notice it is the same amount.
I talked to Christina on Monday, 3-21 and told her I could not complete my claim form with my id number. She told me she would contact IT and it would be up and running on Friday, 3-25. Just tried it today and its still not working.
What if I made a cash purchase? What if I dont have my receipt? Am I still eligible?