Brigette Honaker  |  July 16, 2020

Category: Apparel

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Floral dresses on a rack - Draper James

Reese Witherspoon and her brand Draper James recently argued in court that a class action lawsuit revolving around their free dress offer for teachers should be dismissed.

According to the renowned actress, the Draper James class action lawsuit “attempts to avoid common sense” by claiming consumers were duped by an offer of free dresses in exchange for personal information.

Witherspoon recently filed a motion to dismiss the case, arguing that the terms of the promotion were clearly laid out in the original Instagram post, according to The Hollywood Reporter.

“No reasonable respondent would share plaintiffs’ belief that a boutique clothing line would be awarding a limitless supply of free dresses,” Witherspoon and Draper James wrote in the recent motion to dismiss.

“And the words ‘apply,’ ‘winners,’ and the phrase ‘offer valid while supplies last’ made clear that entrants had an opportunity to receive a free dress — an opportunity that they received.”

Plaintiffs filed their Draper James class action lawsuit against the company and its founder in April, arguing that they were misled by Witherspoon’s teacher appreciation campaign. The lawsuit was originally filed in California state court and was removed to federal court in June.

Reese Witherspoon - Draper James

According to the teachers, they were led to believe that they would receive a free dress if they filled out a form with personal information.

This perception allegedly led teachers to provide their teacher IDs, copies of work badges and other personal information of a sensitive nature including email addresses.

The plaintiffs contend that this information was later exploited by Draper James without the teacher’s knowledge.

Unfortunately, instead of millions of free dresses being distributed to teachers who signed up, there were reportedly only 250 dresses offered on a lottery basis.

The plaintiffs argue that the terms of the free dress promotion were misleading because there was only an “offer valid while supplies last” disclosure without any specific quantity included.

“In fact, defendants failed to disclose the material fact they only intended to provide goods for 250 people – which with the average retail cost of their least expensive goods, was an estimated paltry $12,500 in actual cost to defendants, at a time when other individuals of Ms. Witherspoon’s renown were offering millions of dollars to COVID-19 victims,” the Draper James class action lawsuit argues.

According to the plaintiffs, Draper James’ misrepresentations were enhanced by national news shows, including Today and Good Morning America making statements that “Reese Witherspoon’s clothing brand is giving away free dresses to teachers” or “the Oscar-winning actress wants to show her gratitude during the coronavirus pandemic.”

The teachers argue that even the show hosts were misled by Witherspoon’s offer and would not have made these statements if the true promotion details were revealed to the public.

Although the teachers claim they are eligible for damages and other relief due to the alleged Draper James scheme, Witherspoon’s recent motion to dismiss argues that the class action lawsuit claims are insufficient.

The actress says the allegations n the Draper James class action lawsuit do not include any real claims of harm. Instead, Witherspoon notes, Draper James successfully gave out hundreds of free dresses to teachers who participated in the promotion.

“Plaintiffs never allege that they even signed up for the promotion,” she said. “And even if they did, there was nothing fraudulent, misleading, or otherwise unlawful about it — indeed, plaintiffs never allege that they actually thought that they would be guaranteed a free dress if they simply submitted an entry.”

In the motion to dismiss, Witherspoon argues that the plaintiffs shouldn’t be given a second chance to make their claims. According to the actress, the facts of the case will remain the same regardless of any amendments to the complaint.

“No amendment to the complaint can make the Instagram post say anything other than that a limited supply of dresses were being given away to lucky teachers who applied and were selected as winners,” she said in her motion to dismiss the case.

Did you enter to win a free dress from Draper James? Do you believe the promotion was misleading? Share your thoughts in the comment section below.

The teachers and proposed Class are represented by Alan M. Mansfield of Whatley Kallas LLP and E. Kirk Wood Jr. of Wood Law Firm LLC.

The Draper James Free Dress Class Action Lawsuit is Galvez, et al. v. Draper James LLC, et al., Case No. 2:20-cv-04976, in the U.S. District Court for the Central District of California.

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9 thoughts onReese Witherspoon Wants Dress Giveaway Class Action Lawsuit Dismissed

  1. LISA HAWKINS says:

    Add me please

  2. M.Matthias says:

    I agree, why did they need all that information what are they doing with it. I thought it was to verify we where actual teachers in order to receive the dress.

    Who were the winners how were they picked. What time was the last winner selected? Were they collecting information even after the last dress was warded? I don’t remember it being noted stating availability.
    It was very misleading, our data is limitless & priceless what they can do with i, I’m sure we’ll over the cost of the dress.
    There was an end game and it wasn’t generosity or kindness, There’s a reason they wanted that specific info

    *on a separate note We used be getting paid for our data they are using selling etc, never realized what they can do w/littlest amt of info**

    Go get em, Rich always taking from the poor eve. If they don’t realize it.

  3. Pamela gallo says:

    I am a teacher and thought it was a reL contest. I signed up but only to recieve a ” I am sorry , you are not a winner” but here is 10% or 20% off your next purchase. I didnt realize they were fishing for my data. I thought it was legit.

  4. Monique Hibbs says:

    Please add me

  5. TESHEBA JONES says:

    Yes add me

  6. LISA HAWKINS says:

    Please add me

  7. Jane says:

    Complaining about her “paltry” donation of 12,500 dollars, meanwhile the people whining about their bizarre entitlement over a DRESS haven’t even donated 2 dollars in their entire lives. People are literally dying and you’re here crying over a FREE piece of fabric.

  8. Dana says:

    Add me

  9. Pamela Comstock says:

    Why did Reese Witherspoon bother with this shoddy giveaway, knowing it was a cheap way to make herself look good? And then complain because teachers were ripped off with personal information going to whomever. And, it was another of those “too good to be true” type offers. I hope the entitled bitchy Witherspoon has to pay out more than her paltry 12,500 dollar out of pocket expense. And it’s probably still in the news somewhere touting her generosity. What a joke.

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