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This settlement is closed!
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New York & Company customers who purchased items in California can get a $25 discount voucher from a class action settlement resolving claims that the retailer used a deceptive pricing scheme.
Class Members include those who purchased items at any California New York & Company outlet store between June 9, 2013 and May 23, 2019, or a New York & Company retail store in California between Feb. 11, 2012 and May 23, 2019.
Lead plaintiffs accused the retail chain of tricking consumers into thinking they were getting a sale price on items in New York & Company outlet stores. According to the New York & Company class action, the company used false and misleading advertisements of so-called regular prices, creating “phantom savings.”
According to the New York & Company fake sale class action lawsuit, the retail chain advertised to its outlet customers that they would save a certain percentage off of regular retail prices. However, the “sale” items were allegedly never offered for sale at the retail price listed at the outlets.
The plaintiffs argued that New York & Company violated California state law requiring price comparison sale marketing to be based on prices used within a specific time frame — three months. Despite this rule, New York & Company used false comparison pricing to market items as 30 to 50 percent off in their outlet stores in California, alleged the class action lawsuit.
The retail store agreed to settle the New York & Company fake sale class action lawsuit by offering Class Members vouchers worth up to $25 off of retail or outlet store items in California. In addition, the company has agreed to modify its advertising practices in its California outlet locations.
Class Members can claim a voucher worth $7.50 off of any purchase or 25 percent off of a purchase up to $100 ($25 off).
Class Members can complete a Claim Form online or send one via mail. Class Members who received a Notice can use the voucher code included on the Notice. Those who did not receive Notice will need to provide proof of purchase. Class Members can claim up to two vouchers.
The deadline for Class Members to object to or exclude themselves from the New York & Company fake sale class action settlement is Sept. 9, 2019.
Who’s Eligible
Class Members include those who purchased items at any New York & Company retail store located in California between Feb. 11, 2012 and May 23, 2019, or an outlet location in California between June 9, 2013 and May 23, 2019.
Potential Award
Up to $25 off a purchase at any New York & Company retail or outlet location in California.
Proof of Purchase
Date and location of the purchase, along with a description of the item. Class Members are also required to submit receipts or other proof of purchases with their Claim Form.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
09/09/2019
Case Name
Rael, et al. v. RTW Retailwinds Inc., et al., Case No. 37-2019-00003850-CU-MC-CTL, in the Superior Court of California County of San Diego
Final Hearing
09/27/2019
UPDATE: On December 30, 2019, Top Class Actions viewers started receiving Voucher Codes from the New York & Company Fake Sale class action settlement. Congratulations to everyone who filed a claim and received a Voucher!
Settlement Website
Claims Administrator
Rael v. New York & Company Settlement
c/o KCC Class Action Services
P.O. Box 404145
Louisville, KY 40233-4145
866-537-7251
info@RaelSettlement.com
Class Counsel
CARLSON LYNCH SWEET KILPELA & CARPENTER LLP
Defense Counsel
STEPTOE & JOHNSON LLP
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13 thoughts onNew York & Company Fake Sale Settlement (California Only)
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