Anne Bucher  |  May 18, 2017

Category: Consumer News

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Jos. A. Bank pricing scamJos. A. Bank Clothiers Inc. is facing a class action lawsuit over its alleged practice of misleading consumers with “fake sales.”

Plaintiff Olusola Akinmeji accuses Jos. A. Bank of using inflated, arbitrary and false “regular” prices to entice consumers into believing they are receiving a bargain.

The Jos. A. Bank class action lawsuit takes issue with the company’s use of false “regular” prices, false price discounts and false free apparel promotions for clothing items sold online and at stores.

“These purported free apparel promotions and discount offers are false because the referenced ‘regular’ price is, in each instance, fabricated and inflated for its men’s suits and other apparel,” the class action lawsuit says.

Akinmeji asserts that very few consumers actually pay “regular” prices for Jos. A. Bank suits. According to the fake sale class action lawsuit, Jos. A. Bank’s “buy one get one free” suit offers and similar promotions purportedly offer customers additional free clothing items with the purchase of a regular-priced item of clothing. However, the plaintiff alleges Jos. A. Bank has no intention of selling a meaningful quantity of its clothing products at the “regular” retail prices.

“Instead, these purportedly ‘regular’ prices are constructed from whole cloth by JAB to deceive consumers into believing they are getting a good deal,” Akinmeji alleges.

According to the Jos. A. Bank class action lawsuit, the Federal Trade Commission cautions retailers against participating in false regular pricing schemes in which artificially high prices are established as the “regular” price for an item for the purpose of offering the consumer what appears to be a significant reduction in price for the item.

The item must have been “openly and actively offered for sale” at the purported “regular” price for a reasonable amount of time and not for the purpose of establishing a “fictitious higher price” to deceive consumers into thinking they’re getting a bargain, according to the FTC.

Akinmeji claims that thousands of consumers have fallen prey to Jos. A. Bank’s unlawful pricing scheme, which the company advertises in-store, online and in print. These deceptive advertisements cause consumers to believe they are receiving valuable discounts for the merchandise they purchase.

However, consumers do not receive the products with the value that was promised by Jos. A. Bank, Akinmeji claims in the fake sale class action lawsuit.

Akinmeji says he made the decision to purchase suits from Jos. A. Bank after viewing a pop-up ad online that advertised a “buy one suit at ‘regular’ price get 3 suits free” promotion. He purchased the four suits, thinking he was buying the suits at a significant discount. He claims he would not have purchased the suits, or would not have purchased them for the price he paid, if he realized Jos. A. Bank’s advertisements were deceptive.

The plaintiff filed the Jos. A. Bank class action lawsuit in a Maryland circuit court in January, and it was removed to the U.S. District Court for the District of Maryland on Tuesday.

By filing the Jos. A. Bank class action lawsuit, Akinmeji seeks to represent himself and a Class of consumers who purchased merchandise advertised at a discount off a “regular” price from Jos. A. Bank in the state of Maryland within the applicable statute of limitations.

Akinjeji is represented by Beatrice O. Yakubu and Charles J. LaDuca of Cuneo Gilbert & LaDuca LLP and Melissa W. Wolchansky of Halunen Law.

The Jos. A. Bank Fake Sale Class Action Lawsuit is Olusola Akinmeji v. Jos. A. Bank Clothiers Inc., Case No. 8:17-cv-01349, in the U.S. District Court for the District of Maryland.

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42 thoughts onJos. A. Bank Class Action Calls Store’s ‘Regular’ Prices a Sham

  1. Guy Craig says:

    I ordered shoes… they said were shipped… then to be delivered next day… then said it will take a week later and now looks like they will never come… something very fishy with this company…I have bought clothing from many stores for decades… this is very weird… I hope Jos A Bank isn’t scamming me…

  2. bob omilian says:

    Please let me know. Bought a suit for my nephew.

  3. Linda says:

    I husband and I recently went the Jo.S Banks …I bought three so-called advertised suits for sale. The quality of the fabric I thought was very poor.

  4. Becky vernon says:

    Biggest bunch of crap i purchaced my sons suit and husbands suites there for a wedding and they were a hole in the butt of my sons pants where the threat had come loose i did the bogo free and it xame to 850.00 never again

  5. Darlene says:

    My husband and I recently went the Jo.S Banks … he bought three so-called advertised suits for sale. The quality of the fabric I thought was very poor. We really miss Syms.

  6. Lisa Mclelland says:

    My husband paid $also paid 1400 for a suit got rip off

  7. Sandra C Lora says:

    What a rip off!! They even send special offers to us. A long leather coat, matching leather hat, and a few suits. Disgusting!

  8. Marifi says:

    My husband paid $1400 for a regular priced suit and got 3 “Free”

  9. SUSAN PACK says:

    They did that to my son. Paid over $700 for practically nothing because he thought he was getting a deal.

  10. Matthew Gilmartin says:

    I bought 4 suits in Cleveland, Ohio, either in the fall of 2013 or 2014. The pulled this stuff on me. I paid and extra thousand for these suites

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