Old Navy Class Action Alleges Ongoing Fake Sales

A recent Old Navy class action claims that the clothing retailer uses false reference prices to advertise deceiving “sale” prices.

Plaintiffs Anatasha Barba and Brenda Tripicchio say they were tricked by Old Navy through sale advertisements designed to drive sales.

These representations allegedly caused them to think they were getting a good deal on items, making them more likely to purchase the “discounted” clothes.

Old Navy reportedly advertises its items with two prices, a “regular” list price and a “sale” price. These prices allegedly give the illusion that consumers are getting a good deal on items during “sale” events. According to the Old Navy class action, the reference “list price” is completely false with no connection to the value or comparable price of the product.

This alleged scheme causes customers to think they are getting a great deal on clothing products. When the store advertises its massive 50 percent off and other sales, consumers reportedly think they need to purchase soon in order to secure their bargain.

According to the Old Navy class action, these consumers are deceived since Old Navy continuously offers its items at sale prices and never at the reported “list price.”

“Old Navy invents inflated and fictitious list prices in order to enable it to advertise perpetual store-wide ‘sale’ events and product discounts to induce customers to purchase its products,” the Old Navy class action lawsuit claims.

Barba and Tripicchio claim that Old Navy intentionally markets their products with misleading prices in order to drive consumer sales. Customers are reportedly more likely to make purchases if they think they are getting a discount, a tendency that the clothing retailer allegedly takes advantage of.

“Old Navy’s marketing plan is to trick its customers into believing that its products are worth, and have a value equal to, the inflated list price, and that the lower advertised sale price represents a special bargain—when in reality and unbeknownst to the customer, the ‘sale’ price is approximately equal to Old Navy’s usual and normal selling price for the product,” the plaintiffs argue in their Old Navy class action.

The Old Navy sale class action also claims that the plaintiffs and other similarly situated consumers suffered from real injury when they were deceived by the alleged false sale scheme. The plaintiffs argue that they would not have purchased as much or paid as much if they were not influenced by the discounts they thought they were receiving.

Barba and Tripicchio seek to represent a Class of consumers who purchased an item from Old Navy’s website which was advertised or promoted with a reference price or discount. The plaintiffs also seek to represent a Class of consumers who made in-store purchases of the same products in New Jersey.

Did you purchase an item from Old Navy that was advertised with a “regular” and “sale” price? Share your thoughts in the comment section below.

Plaintiffs and the proposed Class are represented by Daniel M. Hattis and Paul Karl Lukacs of Hattis & Lukacs and by Stephen P. DeNittis and Shane T. Prince of DeNittis Osefchen Prince PC.

The Old Navy False Sale Class Action Lawsuit is Barba, et al. v. Old Navy LLC, et al., Case No. 3:19-cv-07032, in the U.S. District Court for the Northern District of California.

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