JCPenney class action alleges retailer advertises fake discounts

JCPenney fake discounts class action lawsuit overview: 

• Who: Marjanique Robinson and Ariana Skurauskis filed a class action lawsuit against J.C. Penney Co. Inc. and Penney Opco LLC. 
• Why: Robinson and Skurauskis claim JCPenney uses fake original prices on sale items on its website to mislead consumers into thinking they are getting a bigger discount than they actually are.
• Where: The JCPenney class action lawsuit was filed in California federal court.

A new class action lawsuit claims that JCPenney uses fictitious original prices for sale items on its website to make them appear to be at a greater discount than they actually are. 

Plaintiffs Marjanique Robinson and Ariana Skurauskis allege JCPenney uses so-called false reference pricing to induce consumers into making a purchase under the mistaken belief they are “getting a bargain.” 

“Sellers, including Defendants, continue to engage in this tactic because they know they will be able to increase sales and profits by tricking consumers into making purchasing decisions based on the advertised reference prices,” the JCPenney class action says. 

Robinson and Skurauskis want to represent a nationwide class and California subclass of consumers who, during the class period, purchased one or more items from JCPenney at a discount from a higher advertised reference price. 

JCPenney ‘intentionally and deliberately’ misleads consumers, class action claims

Robinson and Skurauskis argue JCPenney knew or “should have known” that its use of false referencing pricing would mislead consumers into thinking they were getting a bargain. 

“Defendants intentionally and deliberately implemented a pricing scheme that was designed to mislead its customers,” the JCPenney class action says. 

Robinson and Skurauskis claim JCPenney is guilty of fraud and negligent misrepresentation and violating California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act. 

The plaintiffs demand a jury trial and request injunctive relief and an award of economic, actual, monetary, consequential and compensatory damages for themselves and all class members. 

The complaint comes more than a year after a consumer filed a similar class action lawsuit against JCPenney over claims it used false original prices for sale items on its website to make them appear at a larger discount than they actually were. 

Have you purchased an item from JCPenney at a discount from a higher advertised reference price? Let us know in the comments.

The plaintiffs are represented by Jonathan Shub, Samantha E. Holbrook and Andrea L. Bonner of Shub & Johns LLC. 

The JCPenney class action lawsuit is Robinson, et al. v. JC Penney Company Inc., Case No. 3:24-cv-06243, in the U.S. District Court for the Northern District of California.

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