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A San Diego man says bedding at Select Comfort stores is deceptively priced to make consumers think they’re getting a better deal than they actually are.
Plaintiff Saeid Azimpour accuses Select Comfort Corp. of using fake “original” prices on its bedding products to give the impression of a discount that doesn’t actually exist.
He claims this pricing strategy violates consumer protection laws in California and Minnesota.
According to Azimpour’s Select Comfort class action lawsuit, the company marks some of its merchandise with two different prices: a “sale” price, which is the price the company actually intends to sell the item for, and a higher “original” price, which is supposedly the item’s regular, undiscounted price.
Azimpour alleges the higher “original” price on many of these items is not an actual price for which they were ever offered for sale.
Instead, it’s a fictional price advertised solely to give the impression of a significant discount when compared with the “sale” price.
Azimpour says he bought a down alternative pillow from a Select Comfort store in San Diego in July 2015. The pillow was advertised as being discounted 50 percent off an “original” price of $89.99, he says.
The plaintiff claims he chose to buy that particular pillow based on the advertising that gave him the impression he’d be saving $45.
Results of an investigation by Azimpour’s attorney suggest that Select Comfort’s purported sale price was really the pillow’s regular price, Azimpour claims.
The investigation revealed that the pillow Azimpour bought had been discounted for at least 90 days before the day Azimpour bought it and that it remained discounted for months after that.
The attorney’s investigation allegedly revealed that Select Comfort uses a similar pricing strategy on all pillows that it sells through its retail stores.
Azimpour says that in Select Comfort stores throughout San Diego county and elsewhere in Southern California, all pillows offered for sale were sold at a similar or identical discount from 90 days before Azimpour’s own purchase and for several months afterward.
This Select Comfort class action lawsuit raises claims for violations of Minnesota’s Prevention of Consumer Fraud Act, Unlawful Trade Practices Act, Uniform Deceptive Trade Practices Act, and False Statement in Advertising Act.
It also claims various violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.
Azimpour is proposing to represent a nationwide plaintiff Class consisting of all persons in the U.S. and its territories who bought pillows from Select Comfort that were advertised as being discounted from an original price at any time between Dec. 1, 2011 and the present.
He also proposes to represent a California subclass, which would consist of all Class Members who live in California.
The plaintiff is seeking an award of damages, restitution and disgorgement of profits, court costs and attorneys’ fees. He is also asking for an injunction prohibiting Select Comfort from continuing the pricing practices complained of and requiring the company to engage in a corrective advertising campaign.
Representing Azimpour are attorneys Karen H. Riebel, Eric N. Linsk and Kate M. Baxter-Kauf of Lockridge Grindal Nauen PLLP; Joseph P. Guglielmo and Erin G. Comite of Scott+Scott Attorneys at Law LLP; Gary F. Lynch and Edwin J. Kilpela of Carlson Lynch Sweet Kilpela & Carpenter LLP, and Todd D. Carpenter.
The Select Comfort Fake Sale Class Action Lawsuit is Saeid Azimpour v. Select Comfort Corp., Case No. 15-cv-4296, in the U.S. District Court for the District of Minnesota.
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8 thoughts onSelect Comfort Class Action Says Customers Lured by Fake Sale Scheme
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I want to be added for sleep number , The promotion was sleep on it for 100 days and return it no questions ask if not satisfied. We returned the bed 2 weeks after sleeping on FOAM PIECES not a mattress at all. Then told we couldn’t return the motor mechanism, and it would be $ 5000.00
I did not take any pictures of this foam piece of shit bed. Can I still sue for misrepresenting
I also have a sleep number bed and since my purchase I have noticed the pricing scam as well and have found our bed was part of it too I would love to be included as well!
I have been burned about 4 different times once on qvc and 3 that was ordered out of California . It’s all a money scam .. And now 4000 dollars later I still need 2 mattress. Plz include me.
I purchased a bed off of QVC.. claiming it would never br cheaper. …. only to have the same apples-to-apples bed go”on sale” at the store the same week for $375.00 cheaper. .. what a joke. .. the place is a rip off… And in store also purchase a pillow. ..I want my money back!
I purchased a bef off of QVC.. them claiming it would never br cheaper. …. only to have the same apples-to-apples bed go”on sale” at the store the same week for $375.00 cheaper. .. what a joke. .. the place is a rip off… And in store alsi purchase a pillow. ..I want my money back!
All Bedding companies use fake retail prices,go 1 week ck out then 2 weeks later-fake sales.I was selling mattress for years-common practice
I have just got burned by the bed and bedding. Would love to be involved