California Consumers File Class Action Lawsuit over Old Navy Misleading Ads

California consumers are alleging Old Navy misleading ads convinced them to buy merchandise by making consumers believe they were getting a good deal.  Parent company Gap Inc. is facing a California class action false advertising lawsuit from state residents, alleging Old Navy misleading ads did not clearly state which items were or were not a part of the promotion.

These alleged Old Navy misleading ads reportedly tricked consumers into believing they selected a discounted item for purchase only to be revealed at the cash register or online checkout that the item was not included in the sale or the item was not as discounted as consumers were led to believe. This scenario has allegedly occurred in both online orders and in-store transactions.

Overview of Old Navy Misleading Ads

The ads are often designed so that the sale appears in big print with any exclusions listed in a much smaller fine print. For example, the subject line of an email could state “$2…TANKS” alongside a big pop up illustration of the merchandise. Farther down in the advertisement a statement like “Select Styles only” may be included, but the email may not specify which styles the sale applies too.

While the sale exclusions or limitations do appear in the email, many consumers have difficulty seeing or noticing the fine print. It is important for consumers to read the entire advertisement to properly understand which items are included in the sales.

These alleged Old Navy misleading ads are also present in-store, on clothing racks with signs showing statements like “Athletic Tops Now $5.” Like the email scenario, the signs may contain fine print that is often harder to see. Additionally, the fine print may include statements like “select styles only” or “discount taken at register.”  Consumers allege that these signs make it extremely difficult to determine which clothes on the rack are included in the sale because the styles are not specified.

This is not the first time Gap Inc. has faced false advertising allegations. Another class action lawsuit alleges the company employed similar tactics to entice consumers to buy merchandise. When customers spend time selecting and trying on the sizes and styles they want, they are much more likely to ultimately purchase the clothes even if there is an unexpected price difference.

The lawsuit alleges that Gap Inc. is aware that when consumers, encouraged by sales, take the time to try on clothes, there is a much higher likelihood of purchase. In this current class action investigation, Gap Inc. is facing similar allegations of false advertising.

California residents may be eligible to participate in the California class action false advertising lawsuit if they meet the following requirements:

• Consumer witnessed a sale advertisement offering a discount at a California Old Navy location or online during a stay in California within the past four years
• Consumer shopped and purchased merchandise because the advertisement
• At least one item purchased was not discounted
• The consumer does not have a brand credit card for Old Navy, Gap, or Banana Republic

Join an Old Navy Class Action Lawsuit Investigation

If you have shopped at an Old Navy store in California OR online (while in California) within the past four years, and purchased a non-discounted item that you thought was on sale, you may have a legal claim.

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