Class action claims Talbots used inflated prices to advertise false discounts

Talbots class action lawsuit overview:

• Who: Consumers Marissa Porcuna, Karen Schreiman, Romy Edge and Celestina Benn have filed a class action lawsuit against The Talbots LLC.
• Why: The plaintiffs claim the retailer routinely runs fake sales on its online store and in its brick-and-mortar locations.
• Where: The Talbots class action lawsuit was filed in California federal court.

A new class action lawsuit accuses Talbots of routinely running fake sales on its online store and in its brick-and-mortar locations.

Lead plaintiff Marissa Porcuna and three others want to represent a California class of consumers who purchased one or more Talbots products advertised at a discount or markdown.

The plaintiffs argue Talbots violates California consumer protection laws by routinely advertising steep discounts on its products that are not actually time-limited.

“Far from being time-limited, however, the defendant’s discounts — both the ones that apply to non-markdown products and the ones that apply to markdown products — are routinely available,” the Talbots class action lawsuit alleges.

Talbots allegedly uses false expiration dates to create the false impression that its products’ regular prices are higher than they truly are and that the discounts are a limited-time offer.

The plaintiffs argue Talbots’ products are consistently available for less than the regular prices advertised and that the purported discounts are not the true discount the customer is receiving.

Talbots class action claims retailer’s discounts are not time-limited

The Talbots class action lawsuit asserts the retailer’s advertisements are unfair, deceptive and unlawful.

The plaintiffs point to California’s False Advertising Law, which prohibits businesses from making statements they know or should know to be untrue or misleading.

They claim Talbots’ advertisements harm consumers by inducing them to make purchases based on false information, artificially increasing consumer demand and putting upward pressure on the prices that Talbots can charge for its products.

The Talbots class action lawsuit asserts claims for violations of California’s False Advertising Law and Consumers Legal Remedies Act, breach of contract, breach of express warranty, quasi-contract/unjust enrichment, negligent misrepresentation and intentional misrepresentation.

The lawsuit demands a jury trial and seeks class certification, an order certifying the class action claims, a judgment in favor of the plaintiffs and the proposed class, damages, restitution, disgorgement, pre- and post-judgment interest, an injunction prohibiting Talbots’ deceptive conduct, attorneys’ fees and costs and any additional relief the court deems reasonable and just.

Meanwhile, clothing brand Lands’ End recently faced a class action lawsuit alleging it falsely advertised discounts that were continuously available and not genuine reductions from the products’ regular prices.

What do you think of the allegations made in this Talbots class action lawsuit? Tell us in the comments.

The plaintiffs are represented by Simon Franzini and Grace Bennett of Dovel & Luner LLP.

The Talbots class action lawsuit is Porcuna, et al. v. The Talbots LLC, Case No. 4:25-cv-10522, in the U.S. District Court for the Northern District of California.

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