Tommy Hilfiger, Calvin Klein Brand Fake Sale Class Action Tossed

A federal judge recently dismissed a class action lawsuit against PVH alleging that Tommy Hilfiger and Calvin Klein brand clothing is advertised with false sale prices.

In his dismissal motion, U.S. District Judge Edgardo Ramos found that plaintiff Robert DiCicco hasn’t provided enough specifics about the alleged fake sale scheme from PVH. DiCicco did claim that he bought three Tommy Hilfiger and Calvin Klein brand products with “false” discounts during a Oct. 24, 2019 visit to a PVH outlet.

However, Judge Ramos determined that the plaintiff “has alleged no facts on which an inference can be drawn that the listed former prices of the items he purchased during the Oct. 24 visit were not actually their former prices.”

Although the court decided to dismiss the case against PVH, Judge Ramos declined to permanently put the claims to rest. According to the dismissal motion, DiCicco could make changes to his Calvin Klein brand class action lawsuit to resolve the issues – leading Judge Ramos to dismiss the case with leave to amend.

“For example, it is still possible for DiCicco to provide more details about the investigation of PVH’s sales practices and to offer additional allegations about the actual value of the Van Heusen items he purchased or an objective basis to determine that they were different from what was promised,” Judge Ramos wrote in his dismissal motion.

“Therefore, the instant action is dismissed without prejudice and DiCicco is permitted, if he wishes, to file an amended complaint.”

Several companies have faced class action lawsuits alleging that their products are discounted with false sales or discounts, similar to the allegations surrounding Tommy Hilfiger and Calvin Klein brand products.

In these cases, consumers often challenge the “reference price” shown on product tags. These listings reportedly include a higher “reference” price and a lower price that the product is actually sold for.

These prices allegedly convince consumers that they are getting a good deal for the product and deceive them into making purchases that they otherwise would not have.

Unfortunately, according to the Tommy Hilfiger and Calvin Klein brand class action and other lawsuits, these prices are deceiving because the products were never actually sold at the higher reference prices.

Plaintiffs in the Tommy Hilfiger and Calvin Klein brand class action and other cases argue that they would not have purchased products or would have paid significantly less if they were not influenced by the false reference price.

In June, Kate Spade was hit with a class action lawsuit from a shopper who says that she was deceived by “regular” prices listed on products at an outlet location. The woman says she purchased two Winni handbags which were advertised with a “regular price” of $199. After a 60% and 20% off discount, she was allegedly able to purchase the bags for $63.68 each.

Although this seems like a significant discount, the plaintiff says that the regular price listed by Kate Spade didn’t actually reflect the actual prices which the products were sold. Instead, the actual fair market value of the bags she bought was allegedly lower than the advertised “regular” price. If she had been aware of this fact, she says that she would not have purchased the products.

Both Pretty Little Thing and Nasty Gal clothing websites faced similar allegations in class action lawsuits earlier this year. According to the plaintiffs, both of the retailers use deceptive reference prices when listing items on their websites. Allegedly, these prices didn’t actually reflect the true price of items. In fact, items on the websites were allegedly not sold at the reference prices at any time in the recent past.

“It is a scam,” the Pretty Little Thing discount class action lawsuit contends. “All the reference prices on [Pretty Little Thing’s] website are fake. They are not original, regular, retail, or former prices. They are inflated prices posted to lure unsuspecting customers into jumping at a fake ‘bargain.’”

The Children’s Place faced a false discount class action lawsuit in June from a Washington woman who was allegedly deceived by fake sale emails. The children’s clothing retailer allegedly sent hundreds of mass emails advertising “XX% Off Entire Site” discounts and other sales. Unfortunately, according to the plaintiff, these offers were misleading because not “everything” in the store was offered at the purported discount.

Did you make purchases of Calvin Klein brand or Tommy Hilfiger brand items based on discount prices? Share your experiences in the comment section below.

DiCicco was previously represented by Ross Howard Schmierer of Kazerouni Law Group APC and DeNittis Osefchen Prince PC.

The Tommy Hilfiger, Calvin Klein Brand Class Action Lawsuit is Robert DiCicco v. PVH Corp., Case No. 1:19-cv-11092, in the U.S. District Court for the Southern District of New York.

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