Class action claims Keen footwear advertises false discounts

Keen class action overview:

• Who: Plaintiff Miguel Esparza filed a class action lawsuit against Keen Inc., doing business as www.keenfootwear.com.
• Why: Esparza alleges Keen falsely advertises discounts on its products.
• Where: The Keen class action lawsuit was filed in California state court.

A new class action lawsuit alleges Keen deceptively advertises false discounts on products sold through its website.

Plaintiff Miguel Esparza filed the Keen class action lawsuit on Aug. 10 in California Superior Court, Los Angeles County, alleging violations of California’s False Advertising Law and Consumers Legal Remedies Act.

According to the class action lawsuit, Keen advertises fictitious regular prices and corresponding false discounts on products sold through its website. This practice allows Keen to fabricate a fake “reference price” and present the actual price as “discounted” when it is not, Esparza alleges.

The result is a sham price disparity that is illegal under California law, the class action lawsuit says.

Esparza claims he purchased a pair of boots from Keen’s website for a “discounted” price that Keen contrasted with a higher reference price via a “strike-through.” 

However, the reference price was not the “prevailing market price” in the 90 days preceding the purchase, nor did the advertisement clearly state the date when the reference price was the prevailing market price, he alleges.

Esparza argues Keen’s pricing and advertising practices are patently deceptive and are intended to mislead customers into believing they are getting a bargain by buying products on sale at a substantial discount.

Keen false discount scheme explained by research, plaintiff claims

Keen knows that the prices for the products are fake and intentionally uses them in its deceptive pricing scheme to increase sales and profits, Esparza alleges.

The effectiveness of Keen’s deceitful pricing scheme is supported by longstanding scholarly research, the class action lawsuit explains. For example, a study cited in a 2013 Ninth Circuit opinion found that the presence of a higher reference price enhances consumers’ perceived value and willingness to buy the product, Esparza says.

Esparza seeks to represent all California consumers who purchased one or more of Keen’s products from its website at a purported discount from a higher reference price. He is suing for violations of California’s False Advertising Law and Consumers Legal Remedies Act and seeks certification of the Keen class action lawsuit, damages, restitution and an injunction.

Another popular shoe maker, Crocs, is also facing a lawsuit claiming it falsely advertises phantom discounts on products sold through its website.

What do you think of the allegations in this Keen class action lawsuit? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.

The Keen class action lawsuit is Esparza v. Keen Inc., Case No. 2:25-cv-08185, in the Superior Court of California, County of Los Angeles.

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