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Home goods retailer Wayfair Inc. was hit with a class action lawsuit earlier this week alleging it deceived consumers by advertising false former prices and false price discounts on its website.
According to the fake sale price class action lawsuit, “Wayfair misrepresented the existence, nature and amount of price discounts by purporting to offer specific dollar discounts from the expressly referenced former retail prices, which were misrepresented as ‘original’ or ‘regular’ retail prices.”
“These purported discounts were false, however, because the referenced former retail prices were fabricated and did not represent Wayfair’s true ‘original’ retail prices,” the Wayfair class action lawsuit continues. “Furthermore, the advertised ‘original’ prices for Wayfair’s items were not the prevailing market retail prices within three months next immediately preceding the publication of the advertised former prices, as required by California law.”
Plaintiff Heather Carson alleges she purchased $518.24 worth of home furnishings in July 2013 and $150.41 worth of home furnishings from Wayfair.com in December 2015. Carson says she was induced to purchase chairs from Wayfair because she believed the price she paid was significantly less than what the chairs would normally sell for in the marketplace, and because the website informed her that the sale price was only valid for a limited time.
Carson alleges that the former price advertised on Wayfair.com was not the prevailing market price for any of the chairs she purchased, and that Wayfair engaged in a classic “bait-and-switch” scheme that violates California law.
Plaintiff Mark Sanders-Ferriera says he purchased $499.98 worth of home furnishings from Wayfair.com in June 2015. Like Carson, Sanders-Ferriera says he was induced to purchase furniture from Wayfair because he was under the mistaken belief that the purchase price was significantly less than the market price. According to the Wayfair class action lawsuit, Sanders-Ferriera would not have purchased the furniture if not for Wayfair’s fake sale price advertisement.
Both Carson and Sanders-Ferriera claim that Wayfair intentionally duped them into purchasing home goods at the fake discount price. The Wayfair class action lawsuit asserts claims under California’s Unfair Competition Law, False Advertising Law and the Consumer Legal Remedies Act.
By filing the Wayfair class action lawsuit, the plaintiffs seek to represent California consumers who, between Feb. 1, 2012 and Feb. 1, 2016, purchased one or more consumer goods advertised at a 20 percent discount from the stated “original” or “regular” price, and one or more consumer goods at a higher price after being advised that the original item sought to be purchased is “Sold Out.” Consumers who have already received a refund or credit for their purchase(s) are not included in the proposed Class.
The fake sale price class action lawsuit seeks a judgment awarding plaintiffs and Class Members restitution and/or other equitable relief, as well as an order prohibiting Wayfair from continuing to promote false or deceptive sale prices.
Carson and Sanders-Ferriera are represented by Alexander Robertson IV and Robert Nation of Robertson & Associates LLP, Daniel K. Bryson and Patrick M. Wallace of Whitfield Bryson & Mason, Robert Ahdoot and Tina Wolfson of Ahdoot & Wolfson PC, and Sharon J. Carson of Berger & Montague PC.
The Wayfair Fake Sale Price Class Action Lawsuit is Carson, et al. v. Wayfair Inc., Case No. 2:16-cv-00716, in the U.S. District Court for the Central District of California.
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10 thoughts onWayfair Falsely Advertised ‘Discount’ Prices, Class Action Says
I worked for Wayfair for 3 years, I know a lot more about this than it seems the public knows.
If someone wants to reach out, please E-Mail me! and Id love to help!
they are still doing this. I took pics to prove it. advertisement duped me into buying a desk that i thought was originally 299 and on sale for 169. later saw it on sale for 169, original price 189. im so pissed.
I recently purchased a bunk bed and 2 twin mattresses which totalled up to a lil over 1000 bucks. Wayfair had and still supposedly have a promotion which states that, if u make purchases over 899, you get no interest fr 12 months. Then they make u sign up for their credit card, but after i made the purxhase, 2 weeks later i came to find out that their promotion was for 6 months. I tried to argue with their manager, plus i had a chat conversation as my backup frm one of their reps, they still refused to honor the promotion. I would love to file a class action lawsuit cz i do have tangible evidence, from the chat messages to recordings.
I recently purchased a bunk bed and 2 rwin mattresses which totalled up to a lil over 1000 bucks. Wayfair had and still supposedly have a promotion which states that, if u make purchases over 899, you get no interest fr 12 months. Then they make u sign up for their credit card, but after i made the purxhase, 2 weeks later i came to find out that their promotion was for 6 months. I tried to argue with their manager, plus i had a chat conversation as my backup frm one of their reps, they still refused to honor the promotion. I would love to file a class action lawsuit cz i do have tangible evidence, from the chat messages to recordings.
I agree. It is suspicious when they are constantly 70% off etc. I think it is just a volume sales trap tricking people into thinking they are getting a deal. The quality is questionable and more often than not arrives damaged or significantly lesser quality than claimed. I stopped buying from this company.
In my onion Wayfair is the worst of the worst. At least 7 times shopping with a rep for a leather top grain couch that because of other issues was to be sold to me at their cost. I found one ask certain questions and I was assured that I was buying a Top Grain leather sofa, it was not, it was a leather sofa, but it was advertised on their website as Top Grain. Customer Care or should i say Customer Screw the Customer, quickly changed it without offering anything to me or the others that have bought the product assuming it was Top Grain Leather, Another example is a sofa that sad Top Grain Leather. When the rep called the Company they said it was “Top Grain Fqux Leather, Really?? Fake leather and on and on. In my opnion dispite them blaming on the Warehouse, the sold the product, they profited from it. Did they ever attempt to contact individuals when they found out? Another lawsuit should be started as they, in my opnion the worst and custom care only cares about the company.
They still show fake prices that have a line through them. They then post a fake savings off of this price.
It’s the same thing Overstock.com got sued over.And they lost a major law suit over this. How does Wayfair and Josh and Main get by with this. Also Build.com has sales over one billion dollars a year and still uses this flagrantly illegal means of advertising.
Add me please
They are still bait and switching even though the court told them they can no longer do this and agreed to pay 30 million. I clicked on an ad for a rug for 91.99 for approx 9×7 and put it in the cart. They SWITCHED the price to almost 400.00!!! If I had not been paying attention I would have paid almost 3 times the advertised price!!! I have a screen shot of all of this to prove it!!
This is a fact. I just looked over one of the items I purchased and it was listed at $1,159.00 discounted to $34.99 – a 97% discount. I live in Florida and should not include just Californians.