L.L. Bean class action alleges fake discounts and ‘sale’ prices

By Jessy Edwards | November 11, 2024

Category: Apparel

Close up of L.L. Bean signage, representing the L.L. Bean class action. — (Photo Credit: sockagphoto/Shutterstock)

L.L. Bean class action overview:

Who: An L.L. Bean customer is suing the clothing retailer.
Why: The plaintiff alleges the company misled shoppers by offering false discounts.
Where: The L.L. Bean class action lawsuit was filed in a California federal court.

An L.L. Bean customer has filed a class action lawsuit against the company, alleging the clothing retailer offered “fake discounts” that misled consumers nationwide.

Plaintiff Nikki Cook filed the L.L. Bean class action lawsuit on Nov. 1 in California federal court, alleging violations of state and federal consumer laws.

According to the class action, L.L. Bean deceived consumers by posting inflated “reference prices” on its website, allegedly misleading customers into believing they were scoring substantial discounts when they weren’t.

Cook alleges the retailer creates a false sense of savings by advertising items as heavily discounted from false reference prices that don’t reflect the true cost or typical sales price.

The complaint points to an alleged strategy by L.L. Bean’s to continuously showcase inflated “regular prices” alongside sale prices, which allegedly misleads customers into thinking they’re purchasing items at a significant discount.

Cook argues that the “sale” price is often the standard rate, while the “reference price” is almost never charged. “This practice tricks consumers into overpaying by inflating their perception of product value,” the L.L. Bean class action lawsuit states.

The lawsuit includes examples of the alleged scheme, including a February “sale” on L.L. Bean’s Men’s Handsewn Moccasins, which were listed at a sale price of $69.99, down from a regular price of $99.00. Yet, months later in June, the item was still on sale for $69.99, with the same $99.00 “regular price” displayed—a practice Cook claims is intentionally misleading.

Fake discounts are a common retailer strategy, class action claims

According to the class action lawsuit, this practice is not unique to L.L. Bean, as many retailers employ similar tactics. The complaint points to research that has found false discounting can exploit consumers’ tendencies to make snap purchases when a sale appears to be limited. Cook alleges that L.L. Bean’s methods fall under “deceptive pricing,” a violation of California’s Consumer Legal Remedies Act and the Federal Trade Commission’s guidelines on discount advertising.

As a result, she is looking to represent anyone else who was misled by L.L. Bean’s alleged fake sale pricing. She is suing for fraud, negligent misrepresentation, breach of contract and breach of California consumer laws, and is seeking certification of the class action, damages, fees, costs and a jury trial.

Last month, Sleep Number was hit with a class action alleging it used deceptive sales tactics to intentionally mislead consumers about the quality and value of the mattresses it sells on its website and at its brick-and-mortar stores.

What do you think of the allegations in this L.L. Bean class action? Let us know in the comments!

The plaintiff is represented by Kyle McLean, Lisa R. Considine, David J. DiSabato and Leslie Pescia at Siri Glimstad.

The L.L. Bean class action lawsuit is Nikki Cook v. L.L. Bean Inc., Case No. 5:24-cv-02332 in the U.S. District Court for the Central District of California.