Lowe’s Class Action Says ‘Store Closing’ Sale is Misleading

Lowe’s faces a class action lawsuit over claims that the hardware store uses deceptive advertisements and representations during closure sales.

When stores close their doors, there is usually a massive sale as the company aims to get rid of its inventory. With progressively increasing sales, these events attract consumers looking to get a good deal.

Before 2019, Lowe’s reportedly started to close some of its stores around the country as part of its liquidation process.

Plaintiff Daniel Dugo claims that Lowe’s takes advantage of consumers during closure sales by making deceptive claims about their discounts.

Lowe’s allegedly advertised that consumers will receive “40%-60% off the lowest ticketed price” for the items they purchased.

However, Dugo says there were “several instances” where there was no discount or the discount was not at least 40 percent off.

Dugo reportedly experienced Lowe’s deceptive sales practices when the company’s stores in Irvine, Calif. and Aliso Veijo, Calif. closed their doors. He claims to have been “intrigued” by Lowe’s “store closing” advertisements and wanted to see if he could get a good deal.

The Lowe’s class action lawsuit claims Dugo believed that he would get between 40 and 60 percent off so he purchased several items. However, when he looked at his receipts, the plaintiff allegedly noticed that only a few of the items he purchased were discounted.

Dugo reportedly looked at the sales signs and noted a smaller, bolder print reading “limited exceptions apply.”

The Lowe’s sale class action lawsuit claims that Dugo asked a customer service representative about this statement and was reportedly told that “the store could apply further discounts or refuse to sell items that were damaged, etc.” He was allegedly informed that the store did not have a written policy.

“There was nothing to indicate to plaintiff that the stores would not honor their respective liquidation sales as advertised,” the Lowe’s class action lawsuit claims.

The Lowe’s fake sale class action lawsuit argues that Lowe’s consistently deceives their customers by not giving the full discounts that it advertises. As a result, consumers such as Dugo allegedly purchase products under the false impression that they will be receiving a discount.

The plaintiff claims that he and other consumers may not have entered the stores and made purchases if they had known that Lowe’s representations were false and misleading.

“Defendant’s conduct is a scheme carried out by Defendant which involves making significant amounts of money from California consumers through false, deceptive, and misleading means throughout the period covered by the applicable statute of limitations,” Dugo states in his Lowe’s class action lawsuit.

Dugo seeks to represent a Class of California consumers who purchased products from Lowe’s during a liquidation closure sale and did not receive the advertised discount within the last four years.

The Lowe’s sale class action lawsuit seeks injunctive relief, restitution, disgorgement, court costs, and attorneys’ fees.

Dugo is represented by Abbas Kazerounian, Matthew M. Loker, and Elizabeth A. Wagner of Kazerouni Law Group APC; Phillip B. Nghiem and Brian J. Soo-Hoo of PBN Law Group; and Joshua B. Swigart of Hyde & Swigart.

The Lowe’s Store Closure Sale Class Action Lawsuit is Dugo v. Lowe’s Companies Inc., Case No. 8:19-cv-00645, in the U.S. District Court for the Central District of California.

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