Old Navy Class Action Says Perpetual Sales Trick Customers

Old Navy has been hit with a class action lawsuit from customers who claim that the company sells items on sale perpetually while rarely offering the products at the advertised list price.

Anna Nemykina says she was browsing Old Navy’s website looking for potential Christmas gifts for her family and friends when she saw that the retailer was offering “savings” throughout the website.

The plaintiff states that she reasonably believed that the clothing offered under the “savings” moniker were normally sold at a higher advertised price.

Nemykina claims that she thought she was getting a bargain in which Old Navy was offering the clothing products at a discount from the regular normal selling price.

“In reality, and unbeknownst to Ms. Nemykina, Old Navy had never or almost never offered the products at the higher purported ‘regular’ prices Old Navy advertised on its website for the products,” the Old Navy class action lawsuit states.

The plaintiff claims that the clothing items were not worth the list prices and that she did not receive any sort of deal. Nemykina argues that the prices she paid for the clothing were equal to the normal prices that Old Navy charges for these items.

“Old Navy’s nationwide fraudulent advertising scheme harms consumers like Plaintiff Anna Nemykina, who purchased falsely discounted products on Old Navy’s website from her home in Washington State, by causing them to pay more than they otherwise would have paid and to buy more than they otherwise would have bought,” the Old Navy class action lawsuit states.

The Old Navy class action lawsuit claims that if the plaintiff had known the truth about the pricing of the clothing, she would not have purchased the items from Old Navy. The plaintiff alleges that she has suffered an injury-in-fact, and has lost money because of Old Navy’s actions.

“Ms. Nemykina did not enjoy the stated discounts from the purported ‘regular’ prices that Old Navy represented to her (i.e., the reference prices), and the products were not, in fact, worth as much as Old Navy represented them to be worth (i.e., the clothing items were not worth the inflated and fictitious reference prices),” the Old Navy class action lawsuit states.

The plaintiff argues that she would shop on Old Navy’s website again if she had confidence about the truth of Old Navy’s prices. Likewise, Nemykina says she will be harmed again if she is “left to guess” as to whether Old Navy is having a legitimate sale or not.

The Old Navy class action lawsuit alleges that the deceptive practices and policies are systematic across all of Old Navy’s products and not only on Old Navy’s website, but pervade all Old Navy’s sales channels, which includes Old Navy’s brick and mortar retail stores.

Prospective Class Members include: “All residents of the State of Washington who, within the applicable limitations period, purchased from the Old Navy website one or more products which was advertised or promoted by displaying or disseminating a reference price or discount.”

The plaintiff claims that Old Navy has violated the Washington Consumer Protection Act, the California Consumers Legal Remedies Act, California’s False Advertising Law, and California’s Unfair Competition Law.

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The plaintiff is represented by Daniel M. Hattis, Che Corrington, and Paul Karl Lukacs of Hattis & Lukacs and Stephen P. DeNittis and Shane T. Prince of Denittis Osefchen Prince PC.

The Old Navy Pricing Scheme Class Action Lawsuit is Anna Nemykina v. Old Navy LLC, et al., Case No. 2:19-cv-01958, in the U.S. District Court for the Western District of Washington.

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