Eddie Bauer Class Action Says Outlet Pricing is Deceptive

An Eddie Bauer class action lawsuit alleges that the clothing company uses deceptive pricing at its outlet stores.

Lead plaintiff Jackie Fisher claims that Eddie Bauer misleads its outlet customers by advertising so-called deep discounts while using false reference prices.

“The result is a sham price disparity that misleads consumers into believing they are receiving a good deal and induces them into making a purchase,” contends the Eddie Bauer class action lawsuit. “Retailers drastically benefit from employing a false reference pricing scheme and experience increased sales.”

The plaintiff says he purchased an Eddie Bauer fleece and thermal at an outlet location because they were listed for sale at 50 percent off. However, Fisher says he later found out that the items he purchased were never sold at the advertised reference prices.

According to the Eddie Bauer class action lawsuit, the scheme works by including a reference price, or a price that Eddie Bauer presents as the price the item is sold at other locations. Then, alleges the plaintiff, customers are presented with signs indicating that the price of the item at the outlet location is “___ % Off.”

“However, the ‘reference’ price is total fiction,” states the Eddie Bauer class action lawsuit. “The ‘direct to outlet’ merchandise sold at Eddie Bauer outlet stores is created specifically for Eddie Bauer outlet stores. Thus, the only market price for the Eddie Bauer ‘direct to outlet’ store merchandise is the price at which the merchandise is sold in the Eddie Bauer outlet stores.”

The plaintiff says that he and other customers are tricked into purchasing and paying more for items at Eddie Bauer outlet stores because of the false reference pricing.

“The Eddie Bauer outlet store merchandise is never offered for sale at the full reference price, nor actually sold, at the represented ‘reference’ price,” alleges the Eddie Bauer outlet class action lawsuit. “Thus, the ‘reference’ price is false and is used exclusively to induce consumers into believing that the merchandise was once sold at the ‘reference’ price and from which the false and discount and corresponding sale price is derived.”

According to the Eddie Bauer class action, California law prohibits false reference pricing. Under California law, points out the plaintiff, reference prices must be the prevailing retail price within the three months the price is used as a comparison price in the sale.

The Eddie Bauer class action lawsuit seeks to represent individuals who purchased items at an Eddie Bauer outlet store in California since May 7, 2015.

The plaintiff is seeking damages and a court order requiring Eddie Bauer to conduct a corrective advertising campaign informing consumers about the allegedly false reference pricing.

Fisher and the proposed Class are represented by Todd D. Carpenter and Alyshia K. Lord of Carlson Lynch LLP.

The Eddie Bauer Outlet Store Pricing Class Action Lawsuit is Fisher v. Eddie Bauer LLC, Case No. 3:19-cv-00857-BEN-WVG, in the U.S. District Court for the Southern District of California.

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.

Read More Lawsuit & Settlement News:

The Weather Channel Didn’t Disclose Data Mining, Lawsuit Says

Car Accident Injury: Should I Call a Lawyer After a Car Accident?

LaCroix Class Action Says Sparkling Water Flavoring is 98% Synthetic

What Diabetes Medication Causes Flesh Eating Bacteria Infections?