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MyPillow Inc. has been hit with a proposed class action lawsuit brought by an Oregon consumer who says the company engages in a false and deceptive advertising BOGO campaign.
Filed Tuesday in Oregon federal court, the suit claims the MyPillow BOGO promotions are deceptive because MyPillow in not providing one pillow for “free.”
Specifically, the lawsuit contends that the company inflates the regular price of the pillow being purchased as part of the promotion, resulting in the buyer purchasing two pillows at or near the combined regular price for two pillows.
In other words, the pillow being sold as part of the BOGO promotion can be purchased for a substantially lower price without the inclusion of the “free” pillow.
“Defendant is attempting to mislead purchasers into purchasing two pillows instead of one under the guise that one of the two pillows is free, when actually it is not,” the lawsuit states.
Minnesota-based MyPillow Inc. frequently advertises its “MyPillow Buy One Get One Free” offer via infomercials, running a combined average of 175-200 times per day on local and national networks, radio, and television, including Fox News.
Additionally, the company offers a BOGO promo code for customers to purchase pillows online. The company reportedly produces approximately 25,000 pillows per day.
Lead plaintiff Jill Brunelle says that unbeknownst to her and other consumers, they were not getting two pillows for the price of one.
Instead, she contends that MyPillow was inflating the regular price of the first pillow to approximately or exactly twice its regular price, thereby passing on the cost of the “free” pillow to the consumer.
Brunelle states that when she saw the MyPillow advertisement on television, she understood and relied on the representations that if she purchased one premium pillow from MyPillow, she would receive another premium pillow for free.
Based on this information, she called MyPillow in July 2016 and paid a total of $119.95 (including shipping and handling of $9.98) to purchase one King premium pillow and to get one King premium pillow for free.
Brunelle believed the true and regular price of one MyPillow was $109.97.
Instead, she discovered that one King premium pillow could be obtained at the MyPillow website for a regular price of $54.99 and from MyPillow at Amazon.com for $69.95.
Thus, she asserts that the “free” pillow was not actually free and that the transaction was instead a disguised purchase of two pillows.
According to the MyPillow lawsuit, Brunelle states she only wanted one pillow, and had she known that she could of purchased one for $54.99 plus shipping or $69.95 with free shipping, she would have done so.
Brunelle’s 24-page lawsuit also cites numerous consumer complaints regarding the fraudulent nature of the MyPillow BOGO promotion.
Most of these complaints center on MyPillow’s alleged false insistence that the “regular” price of its Premium MyPillow is $99.97 (queen) or $109.97 (king), when “in reality, the regular price at which almost all Premium MyPillows can be purchased and are sold on the website and elsewhere is approximately half that amount.”
She argues that MyPillow’s alleged false and deceptive advertising is fraud and violates unlawful trade practices regulations.
Brunelle seeks to represent a nation-wide Class of consumers based on fraud and state subclasses for MyPillow’s alleged violations of individual state consumer protection acts and other state laws.
She is asking for injunctive relief only as necessary to cause MyPillow to stop all alleged fraudulent conduct associated with its BOGO promotion.
This MyPillow lawsuit echoes deceptive advertising claims brought by two other consumers in April.
The plaintiffs in that lawsuit, filed in California federal court, allege that MyPillow uses numerous news reporting agencies and logos to promote their product and the inventor himself, CEO Michael J. Lindell, touts himself as being a “sleep expert.”
However, these advertised endorsements mislead consumers because allegedly by his own admission, Lindell has no board certification or specialized training in sleep medicine.
Brunelle is represented by Rick Klingbeil of Rick Klingbeil PC; Brady Mertz and Robert Curtis of Foley Bezek Behle & Curtis LLP.
The MyPillow BOGO False Advertising Class Action Lawsuit is Brunelle v. My Pillow Inc., Case No. 3:16-cv-2007, in the U.S. District Court for the District of Oregon, Portland Division.
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43 thoughts onMyPillow Class Action Says BOGO Campaign is False Advertising
What does it mean to bind you? Even if no exclusion is filed?. What if nothing is done and what does that bind me to if i do nothing?
TCA, I implore you to proofread your articles. There is almost nothing that irritates me more than fatal grammar flaws — ones that a second-grader would point out to you!)– such as “could of.” (In complete honesty, run-on sentences are my anathema, but I digress.) This is not the first time I have seen this in articles your site publishes, either. The phrase “could of” does NOT exist. While it may sound like “of” when spoken, it is still, without exception, “have.” Your writers “should of (sic)” known that they should HAVE proofread their writing.
lol…you tell someone to check their grammar and yet have run on sentences. T O X I C
I too bought the buy one get one free pillows.
How do I get included in this
I also bought 2 and they are the worst pillows ever…National Sleep Foundation should be called the National awake Foundation.
Bought these a few years ago and neither my husband nor I were/are able to use them. So uncomfortable. They are now “decorative” in shams so they aren’t completely wasted.
I purchased theae pillows horrible how do i be apart of the class action
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
i bought 4 of these pillows, they were 130 to 140, for 2, hense i paid 280 for 4. (it was not buy 1 get 1 for these prices), i paid for these pillows when the ad stated buy 1 get 1. how can that be if i paid 280 for 4, should have been 60/70 each, sign me up for this. they finally got caught for fraudulent advertising.
I purchased one pillow with the promise of a 2nd pillow for free. No customer service could help and was disconnected at a certain point. Ridiculous, as I paid a lot of money for the one pillow, thinking I would get two. No one would help at the company! Please include me in the lawsuit!
I had bought one pillow for around $50.00. After while, a promotion was offered at BOGO except a had to pay $100.00. That’s no promotion. Please include me in this class-action.
I would like to be included as well.