Eddie Bauer Class Action Says Sales Are Misleading

A recent class action lawsuit claims that Eddie Bauer deceptively advertises their sales as applying to “everything.”

According to plaintiff Jennifer Harbers, Eddie Bauer uses misleading marketing practices when advertising their online sales.

Harbers takes issue with Eddie Bauer’s “sale” claims as well as statements that their discounts apply to “everything.”

Since January 2016, Harbers’ counsel has reportedly been monitoring the Eddie Bauer website to assemble a “comprehensive historical database” which includes daily prices and screenshots of around 1.94 million daily offerings for 8,053 products over the course of 1,243 days.

In order for an item to be on sale, it must have a regular price that it is sold at. An item on sale is offered at a lower price than what it is typically sold at.

Harbers’ argues that Eddie Bauer products are not actually on “sale” because “for nearly all of its products, these list prices are false and inflated where Eddie Bauer rarely, if ever, offers the products at the list price.”

A review of the Eddie Bauer website reportedly revealed that, during 290 days in 2017, the retailer advertised a sale of either “xx% Off Everything” or “xx% Off Your Entire Purchase.” However, for the remaining 75 days of the year, 60 to 70 percent of all Eddie Bauer products were reportedly sold at a discount.

“There was not a single day in 2017 where Eddie Bauer did not offer the majority of its products for sale at a discounted price or offer a fixed percentage off (typically between 30-50% off) of one’s entire purchase,” the Eddie Bauer class action lawsuit claims.

The use of “false reference prices for advertised false perpetual discounts” allegedly creates the illusion that Eddie Bauer sells high quality products at a steep discount. This reportedly causes consumers to believe they are getting a good deal on products, thus driving customers to purchase more.

Although the website allegedly has products on sale every day, the Eddie Bauer class action lawsuit alleges that the retailer wrongly claims that “everything” is on sale during discount promotions. Items such as sleeping bags, tents, and third party products are reportedly not included in sales. Harbers argues that, because these items are not on sale, Eddie Bauer cannot claim that “everything” is on sale.

These representations are allegedly transmitted through the Eddie Bauer website as well as through retailer emails to consumers.

The Eddie Bauer class action lawsuit alleges that emails from the company routinely claim that “everything” is on sale, with these statements prominently displayed in the email subject lines.

Additionally, Eddie Bauer reportedly advertises percentages off their products during “sales” – but Harbers argues that these discounts are not sales.

Eddie Bauer is a retailer that sells outdoor clothing, accessories, and gear at around 370 stores across North America. The retailer operates at least eight locations in Washington in addition to maintaining a strong presence on the Eddie Bauer website.

Harbers seeks to represent a Class of consumers who received an email from Eddie Bauer with a “xx% off” statement and/or a statement indicating a discount on “everything” in the subject line of the email.

If the court does not certify this Class, Harbers instead seeks to represent a Class of the same consumers exclusively from Washington.

The Eddie Bauer class action lawsuit seeks injunctive relief, interest, court costs, and attorneys’ fees.

Harbers and the proposed Class are represented by Daniel M. Hattis and Che Corrington of Hattis & Lukacs.

The Eddie Bauer Fake Sale Class Action Lawsuit is Harbers v. Eddie Bauer LLC, Case No. 2:19-cv-00968, in the U.S. District Court for the Western District of Washington.

UPDATE: The Eddie Bauer False Discounts Class Action Lawsuit is now open! If you made a purchase at an Eddie Bauer store, or received an Eddie Bauer marketing email, submit your information here.

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