Gap, Old Navy Class Action Says Sale Prices Are Fake

A class action lawsuit says The Gap and Old Navy use fake sales to entice customers into making purchases.

The Gap, Old Navy fake sale class action lawsuit was filed by Jill Hennessey who says she made purchases from Old Navy and Gap stores and from their websites while in Missouri. Allegedly, she purchased multiple products advertised with a 20 percent discount.

Hennessey states that Gap owns both Gap and Old Navy brands, and uses the marketing tactic of falsely advertising that a product was once sold at a higher price point and then reduced as a way to encourage customers to purchase items.

The Gap and Old Navy sale class action lawsuit says the brands use a number of signs, placards and tags to advertise that products are on sale for a price that is lower than their original price.

Allegedly, similar strategies are employed on the Gap and Old Navy websites, which advertise that items are on sale.

Hennessey says that on the websites, the companies “highlight the lower selling price in red text juxtaposed immediately below the higher former comparative price.”

The Gap false sale class action lawsuit argues that this is misleading because the products were not offered at the advertised higher price.

The Old Navy class action lawsuit goes on to assert that this is a violation of Missouri law, which prohibits businesses from falsely advertising original prices and then advertising a false sale to entice customers into making purchases.

Allegedly, Missouri law prohibits advertising any higher price that is not the true previous price unless the price has been reduced multiple times, in which case the fact that the price has been reduced multiple times must be advertised.

The Gap brands class action lawsuit says that this law exists because lawmakers know that price comparisons are an effective way for retailers to sell more products.

Allegedly, multiple research studies show that customers are much more likely to purchase an item if they are told that the product is being offered at a price that is lower than the previous or original price.

Customers make these purchases because they believe that they are receiving a product that is worth more than what they paid for it, the Gap lawsuit states. 

Hennessey says that she and many other customers were financially injured by Gap’s conduct because had they known that the products were not offered at the advertised, higher price, she might not have made the purchases she did or agreed to pay as much for them.

The Gap customer is represented by Robert D. Blitz and Christopher O. Bauman of Blitz Bardgett & Deutsch LC, Matthew Zevin and Scott A. Kitner of Stanley Law Group, and by Daniel B. Sivils.

The Gap, Old Navy False Sale Class Action Lawsuit is Jill Hennessey v. The Gap Inc., et al., Case No. 4:19-cv-01867, in the U.S. District Court for the Eastern District of Missouri.

Read More Lawsuit & Settlement News:

Fortnite Class Action Says Kids Tricked Into Making In-App Purchases

New Lawsuit Filed Over Unfair Unum Long Term Disability Denial

Coca-Cola Class Action Lawsuit Says Hansen’s Sodas Aren’t ‘Natural’

Should I Stop Taking Valsartan?