Judge denies final approval of $10.5M Macy’s bedsheet settlement

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Update:

• An Ohio federal judge rejected a $10.5 final settlement agreement between Macy’s and bedsheet purchasers because it includes a secondary distribution to a nonprofit called the Public Interest Research Group (PIRG).
• U.S. District Judge Douglas R. Cole objected to PIRG being a cy pres award recipient for funds not claimed by the class, as its work mainly pertains to climate change and other topics unrelated to consumer education or the class action lawsuit.
• Cole also noted PIRG was not disclosed as a recipient of funds in notification to class members and future notification should include any cy pres funds recipient.

Macy’s bed sheet thread count class action lawsuit overview: 

• Who: A federal judge certified a class of buyers in a class action lawsuit filed against Macy’s Stores West Inc. by Sarah Hawes. 
• Why: Hawes claims Macy’s misleads consumers about the thread count of its cotton-polyester bed sheets.
• Where: The class action lawsuit was filed in Ohio federal court.

(Jan. 27, 2022)

A federal judge in Ohio has certified a class of buyers who claim Macy’s Stores West Inc. misled them about the thread count of its cotton-polyester bed sheets.

The judge determined the buyers had enough common issues in their complaint to warrant class certification. 

Buyers, led by plaintiff Sarah Hawes, claim Macy’s falsely advertises that the bedsheets, which are made by AQ Textiles, have a thread count of 900, when, in reality, an approved thread counting method shows they contain less than 300. 

Macy’s argues that each strand of polyester can be counted toward the final thread count, while Hawes claims standards set by American Society for Testing and Materials dictate the strands should be counted by bundle. 

The common issue in the case, according to the judge, is which method of thread counting is appropriate, noting that could lead to other issues such as whether or not Macy’s knew the method AQ Textiles used to count its threads. 

Thread count labeling claim an ‘all-or-nothing proposition’

“The overwhelmingly important question that looms over this litigation is a common one. It is either true or false that the thread counting method used by Macy’s deceptively overinflates thread count by tallying each parallel strand in a bundle,” the judge wrote. “Stated in the negative, it seems very unlikely that Macy’s thread count labelling would afford a claim to only some members of the proposed class. In large part, it is an all-or-nothing proposition.” 

The judge also rejected an argument from Macy’s that Hawes’ claims of having sensitive skin are disqualifying while determining her allegations of economic injury, due to paying more than she would have had she known the method the threads were counted, aligned with the proposed class. 

A similar class action lawsuit was filed against Macy’s in 2020 by a consumer claiming the company misrepresents the quality of its sheets and bedding by inflating thread counts. 

Have you purchased cotton-polyester bed sheets from Macy’s? Let us know in the comments. 

The plaintiffs are represented by Drew T. Legando of Merriman Legando Williams & Klang LLC, Brendan S. Thompson of Cuneo Gilbert & LaDuca LLP, Charles E. Schaffer of Levin Sedran & Berman, David L. Black of Cuneo Gilbert & LaDuca LLP and Stuart L. Cochran of Steckler Gresham Cochran PLLC.

The Macy’s bed sheet thread count class action lawsuit is Hawes, et al. v. Macy’s Stores West Inc., Case No. 1:17-cv-00754, in the U.S. District Court for the Southern District of Ohio.

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