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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
I used to work at J.C. Pennys about 10 years back and they would do this at all the big weekend sales. They would jack up the prices so people would think they were getting a good deal but really they were just paying the same price as any other day. So this has been going on for years.
Me too!!! I dont even think my claim went through and i emailed to find out but no reply yet…do you know how to figure this out??
AGREE…!
They need this available in Washington. I purchased a baby Elsa doll and a baby Maridah doll for my girls in 2014 they had a sale stickers on the bottom of the boxes that said $20 originally $25 I think it was but when I went to take the price tag stickers off the original price on the boxes stated $15.99. So not only did they state a false sale they actually marked up the item.
Frozen was my favorite movie.
Your Welcome Steve :) ..Settlement checks/credits will more than likely go out to us sometime after the final hearing..Now there have been a few times in which a company has paid out well before the final hearing date. The Claim Deadline is so that the Settlement Admin can properly tally/divvy up funds to each claimant so the final hearing date on this late August (sometimes it can take upto 6-9 mos to receive a payout..but usually it takes about 30-90 days after the final hearing)..so i would say that, at the latest it would be near xmas BUT they may just hurry up & give out the shares)
Your Welcome Steve :) ..Settlement checks/credits will more than likely go out to us sometime after the final hearing..Now that have been a few times in which a company has paid out well before the final hearing date. The Claim Deadline is so that the Settlement Admin can properly tally/divvy up funds to each claimant so the final hearing date on this late August (sometimes it can take upto 6-9 mos to receive a payout..but usually it takes about 30-90 days after the final hearing)..so i would say that, at the latest it would be near xmas BUT they may just hurry up & give out the shares)
Thank you Klerston, and does anyone know how long it takes to get the store credit after submitting a claim?
I received the notice to either file a claim for cash or store credit, if I want the cash, will it be the same amount of the store credit but will be cash instead? could it be receiving more money if I choose the cash option?
If you take the cash option I believe that you might get the same amount as a store credit..BUT..In most instances Ive found that if you take the store credit, you get more..but thats my opinion..Doesnt mean that it applies to this here (It could but then again it might not)..Cash option requires proof such as receipts and etc (I think..Im almost certain but that you would have to check into) Ijs :)
I bought items on sale at both Kohls and Penneys while in CA, but I live in OR. Am I still eligible?
Penneys has a sale coming up that already the corporate staff say is out of item even before sale starts in Florida!!!! Can I get in on this for deceptive practices on line?