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An Ohio man who alleges the creator of the Wish.com advertises fake discounts on its website is urging the Sixth Circuit appeals court to revive his recently dismissed class action allegations.
On March 18, 2016, plaintiff Max Gerboc filed a class action complaint against ContextLogic Inc. alleging that when he purchased portable Bluetooth speakers from Wish.com for $27, he was given the impression that the speakers were regularly priced at $300.
Wish.com is a website and mobile application where consumers can buy thousands of types of products, ranging from home goods to apparel. ContextLogic is the creator and operator of Wish.com.
Gerboc alleged that ContextLogic falsely represented that the portable Bluetooth speakers were regularly priced $300, and falsely represented a savings of 91 percent off the regular price, “in an effort to induce customers to purchase products from its Website.”
He claimed that this was an unfair and deceptive advertising practice designed to mislead him “and other consumers by including bogus reference prices in its website advertising, in violation of” Ohio’s Consumer Sales Practices Act (CSPA). He also sued for breach of contract, fraud, and unjust enrichment claims, and sought certification for the class action lawsuit.
ContextLogic removed the case to the Northern District of Ohio, then moved to dismiss, alleging, among other things, that Gerboc’s “failure to allege actual damages defeats [his] class action claim.” Gerboc opposed, but the district court agreed with ContextLogic, and on Nov. 4, 2016, dismissed his class action claim, finding that Gerboc alleged “no actual damages and, in the absence of actual damages,” a consumer cannot maintain a class action under Ohio’s CSPA.
Additionally, the court dismissed Gerboc’s other claims for fraud and unjust enrichment, ruling that Gerboc failed to alleged that Context misrepresented the “benefits” of the portable Bluetooth speakers or failed to process the order.
However, Gerboc requested the court to certify the ruling so that he could appeal the dismissal of the other claims. His request for the interlocutory appeal was granted in December.
In his appeal to the Sixth Circuit filed Monday, Gerboc argued that his claims for unjust enrichment should be revived.
The first issue plaintiff Max Gerboc argued in support of his appeal to revive his claims for unjust enrichment, was that he conferred a benefit on ContextLogic when he paid for the portable Bluetooth speakers he purchased on Wish.com. According to Gerboc, ContextLogic made a profit from his purchase and retained that benefits.
“Because the defendant was unjustly enriched, the plaintiff is entitled to restitution, which is measured not by the plaintiff’s loss, but by the defendant’s gain — the profits gained from its deceptive marketing scheme,” Gerboc told the appellate court.
Gerboc also asserts that the District Court erred in dismissing the Class claims for violations of Ohio’s CSPA due to a lack of actual damages. The appeal noted that in a CSPA class action, Class Members are entitled to receive restitution and that disgorgement of net profits is an appropriate measure of restitution.
Finally, the appeals brief told the Sixth Circuit that the lower court was wrong in finding that Gerboc and the Class have no damages, and thereby the dismissal of fraud and CSPA claims was erroneous. Gerboc argued that a “promised discount is material to a consumer transaction.”
“Here, the Defendant’s business model is premised on consumers receiving a great deal – in the Plantiff’s case, a 91% discount from the $300 reference price posted on the Defendant’s website. But the item he purchased never had a retail value of $300 because it was never sold at that price. Therefore, the Plaintiff never received the discount.”
Gerboc is represented by Nicole T. Fiorelli and Patrick J. Perotti of Dworken & Bernstein Co. LPA.
The Wish.com False Advertising Class Action Lawsuit is Max Gerboc v. ContextLogic Inc., Case No. 16-4734, in the U.S. Court of Appeals for the Sixth Circuit.
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66 thoughts onWish.com False Advertising Class Action Goes Before Sixth Circuit
Many sellers there clearly try to decept custopers with false advertisement. Four examples: 1. An external Harddrive is advertised. On the picture is is advertised “3TB”. But actually, you wil only get an empty HD enclosure. 2. A mobile phone is advertised, in the title the specs of the phone are written. Four pictures show the phone, one picture shows a USB cable. The description says, the package contins a USB cable. So the customer will get one USB cable, no phone. 3. Powerbanks capacities (in mAh) are mostly advertised by a factor 100 higher than they actually are. 4. On the pictures it shows many or large products. One picture shows a smaller product or just one piece of it. Then that (the smallest/least amount) is what the customer will get.
I have ordered may things from Wish and when they arrived they were broken. In November of 2017 I did all my christmas shopping with them and I only received 3 of what I ordered. In October I ordered baby gifts like shoes, outfits and my son never received anything at all and it is now January and they still haven’t received anything, I don’t have money to waste. It doesn’t take 2 to 3 months for a order to ship and then you never receive anything.
I purchase many things from wish.com some of their stuff is good and some of their stuff is not I bought two jumpsuits they were poorly made you could see through them one was cut on the leg like somebody cut it with scissors and they Bunch it up and sewed it that way and then sent it to me I bought button up shirts size large shirt and it was kind of tight so I ordered some more and got extra large and the extra large was smaller than the large I still have all of these if you need to see them
I have bought many items from Wish some change prices on you and some never make it to you but I’ve been for the most part satisfied only thing is i don’t order clothes anymore cos they don’t look like the pictures and are cheaply made
I have bought many items from wish and NEVER had any problems and everything arrived in good condition.
WISH.COM IS NOT A SCAM for all you people out there that think it is . If you do not trust the site or items on the site just don’t purchase from them , use common sense instead of wining about it !
this site is a total scam that is why they are having non stop law suits really. I also ordered a gtx 1060 video card that is a fake so if u dont know what ur looking at must not be a scam to you or you are one of the ones scamming. smh
Just because you never had a problem on yiur
Just because you never had any problem on your end doesn’t mean that they are not wrong. I purchase over 400 hundred dollars worth of products on Wish website. I must admit there were times that I didn’t have any problem with the price, shipping timeframe, or getting my money back. I also had some problem with them as well. Like they dont express enough resources information regarding the price. You see an item and just because the price is right and the time of the shipping was corrected but soon as you click on that item the price change and also the shipping date changes as well. I feel that if the company is going to have people put their products on display they need to be accurate with the information. Cause people take the time out to click on that products because of the information that catch a person eye. Then when you go on that page it something different. People doesnt have time to waste for misleading information. I’m still waiting on shoes that they kept telling me the company that is shipping the product having probem and it’s going to be a delay. Then they ask you if you want a refund or wait. I always say wait cause they didn’t have any more of my size. The company been delaying my shoes for a year now and I’m requesting for my money back it over the refund deadline to qualified for a refund. When it take over two months to received your product you forgot that you even purchase the products but you not qualifed for refund. Now you can’t tell me that is right. For you to say people need to stop wining now company need to come correct with their products.
I have bought many items that were not as described so I won’t purchase from them again cheap fake site
I have purchased quite a few items from Wish, mainly from their fishing equipment items and I have only had one instance where I wasn’t happy. I purchased a $10 reel that was not as good as two I had purchased at $27 previously that were absolutely great items for the price point, but hey it was a $10 reel so my expectations weren’t that high to begin with. Of course there have been two hiccups I remember, but in both cases I was refunded my money. I even recently bought a set of replacement controllers for my sons’ PS3 for $17 that have been great. My point is I never looked at the supposed discount. I used my own judgement to make determination on whether or not I was going to buy an item based on my perception of price versus the item I was buying. Truth be told, the same speaker would have cost him anywhere from 50 to 75 percent more at his local flea market, eBay or Amazon where many of those sellers purchase their items in bulk from Wish or similar sites for resale.
I have bought many items from wish.
Unjust enrichment? For the record, I do not like Wish.com and am not a customer of wish.com but I find this lawsuit a opportunistic scheme to use the courts to unjustly enrich the Attorneys and the Plaintiff. Common sense dictates that if something is portrayed as 91% off the regular price the buyer has a duty to at a minimum determine what the regular price is. Also, “Regular Price” can be represented as anything the seller wants to represent it as. I guarantee a painting by Monet didn’t cost millions of dollars but no one questions it’s perceived value. At some point, people have to assume responsibility for their own stupidity.
BS! if you never purchased from wish.Com your opinionsite means nothing. This wish.Com is a scam and i think it’s a shame they have to entice customers in with false advertising, I ordered over 100 dollars and got a bunch of crap!!!! Nothing and I mean nothing looked like the pic that what presented on their website, wish.Com is a platform for cheap overseas companies to sell their garbage. It’s not just 1 store it’s a whole bunch and returns, hahaha good luck it costs more for us to ship back to China or anywhere else than it is to just throw the crap away they should be ashamed to call themselves a company, I wouldn’t recommend anyone to buy clothes off thier site it’s a joke, I mean I thought I was buying a nice pair of suede pants, I got a cheap Indian costume you wouldn’t let your kids wear trick or treatin, JOKE JOKE JOKE, but……..I did dispute, fight, and won my full amount purchase and threw everything in the trash, it was embarrasing, I certainly wouldn’t be caught dead in anything they sent me, so whoever is complain about someone casting a law suit, I hope you get screwed someday!!!!!! There should be a website to ban wish.Com with signatures count mine in!!!!
As an monthly purchaser on the wish app, from my experiences, I would call BS to your whole story. I purchase many item from wish. Mostly wire connectors, heat shrink tubing, 12V and USB charge receptacles for car and boat applications. Never have we had the problems you describe. We had one purchase that was weeks late, called to request replacement as it was lost. They credited my order instantly, no muss or fuss, even easier than amazon.
I find this a scam for the plaintiff in this case trying to profit off a BS lawsuit. The only people who are going to profit from this case are the lawyers.
This is because you are a scammer or only ordering cheap stuff. They sale video cards and other electronics that are modified to say they are what you bought perform poorly and when opened up low and behold are not what they claim to be or sold to be. There are many diff scams going on in this site be ware of what you by.
Once again that your opinion and just because you never had any problem doesn’t mean everyone had that same results. Now I feel that people work hard for their money and if they are purchasing something they want the money worth. Now maybe you have it easy to throw away money if you do that good, their people out there that have to work hard for their paycheck and for grown ass people to calling people name is so dam childish.
I purchased several items well alot some were ok. I still haven’t received some of my items. Then I needed to return a couple of things but there was no info on how to return my items.