LuLaRoe Class Action Says Leggings Develop Rips, Holes after First Wear

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LuLaRoe leggings are of such poor quality that they develop tears, holes and other damage upon the first washing or wearing, according to a class action lawsuit filed earlier this month in California federal court.

“Defendants have long been aware of the poor quality and defective nature of their clothing,” plaintiffs Emma Heinichen and Andrea Rosica allege in the LuLaRoe class action lawsuit. “Defendants have admitted as much, stating, ‘the leggings may get holes, because we weaken the fibers to make them buttery soft. We have done all we can to fix them.’”

However, defendants LuLaRoe LLC and LLR Inc. continue to manufacture, advertise, market and sell these poor-quality leggings even though they are aware they rip and develop holes quickly. These leggings are advertised as being fit for normal and athletic use, but the company’s inadequate return and exchange policies mean many consumers have been stuck with poor-quality clothing that cannot be worn “without risking indecent exposure,” the plaintiffs allege.

As of May 2017, the claims that the LuLaRoe leggings are suitable for athletic use have been removed from the company’s website, the defective leggings class action lawsuit notes.

According to the LuLaRoe class action lawsuit, thousands of consumers have complained about the poor quality of LuLaRoe leggings. They have allegedly logged their complaints with the Federal Trade Commission, the Better Business Bureau, and on a variety of social media platforms. A Facebook group titled “LuLaRoe Defective/Ripped/Torn Leggings and Clothes” reportedly has more than 32,000 members.

LuLaRoe’s business model relies on recruiting consultants from the general public to sell leggings and other products. These LuLaRoe consultants are also known as “Independent Fashion Consultants,” “Fashion Retailers” or “Independent Retailers,” according to the defective leggings class action lawsuit.

The LuLaRoe consultants purchase the LuLaRoe products at wholesale and sell them to consumers in online “boutiques” or in-home. LuLaRoe reportedly maintains it is a multi-level marketing company and that LuLaRoe consultants are independent contractors, even though the defendants exercise “a substantial amount of control” over the way consultants resell the LuLaRoe products.

This business model makes it difficult for customers to return their defective products for a refund or replacement, the LuLaRoe class action lawsuit alleges. The defendants often fail to respond to complaints, and when they do, they generally direct the disgruntled consumer to the LuLaRoe consultant from whom the merchandise was purchased.

However, because LuLaRoe has historically failed to offer refunds to consultants and make clothing exchanges challenging, many consultants are unwilling to accept returns or exchanges, the defective leggings class action lawsuit asserts. LuLaRoe consultants have reportedly been informed by the defendants that they should learn to sew and attempt to repair and resell the defective products instead of sending them back to the company.

The LuLaRoe defective leggings class action lawsuit asserts claims for violations of the California Unfair Competition Law, California Consumers Legal Remedies Act, New Jersey Consumer Fraud Act, breach of the implied warranty of merchantability and quasi-contract/unjust enrichment.

This LuLaRoe class action lawsuit is not the first to be filed over the company’s allegedly defective leggings and inadequate return policy. The clothing company is currently facing a defective legging lawsuit filed in Oregon and another class action lawsuit filed in California.

Heinichen and Rosica are represented by David S. Casey Jr., Gayle M. Blatt, Jeremy Robinson, Ethan T. Litney and Alyssa Williams of Casey Gerry Schenk Francavilla Blatt & Penfield LLP.

The LuLaRoe Leggings Class Action Lawsuit is Emma Heinichen and Andrea Rosica v. LuLaRoe LLC, et al., Case No. 4:17-cv-02880-KAW, in the U.S. District Court for the Northern District of California.