Hobby Lobby False Adverting Class Action Lawsuit Will Continue

The consumers in a class action lawsuit alleging false advertising once again overcame Hobby Lobby’s motion to dismiss the action.

United States Magistrate Judge John E. Ott tossed Hobby Lobby’s argument that the alleged misrepresentations about weekly and in-store sales were not, on their own, misleading to consumers. The judge determined that while taken alone the ads at issue may not be misleading, but, as applied according to the Hobby Lobby false advertising class action lawsuit, a reasonable consumer could be confused.

The Hobby Lobby false advertising lawsuit, filed in Alabama federal court, alleged that the company misleads consumers by releasing weekly sale promotions, along with items marked as always discounted at a certain percent. According to the complaint, consumers would receive weekly promotions advertising 30 to 40 percent off of certain items at Hobby Lobby. Additionally, some items were sold at a discounted price in the store, labeled “Always 30% Off” or “Always 40% Off.”

The lead plaintiff, who is now the estate of the original plaintiff who passed away during the litigation, alleged that the advertising is deceiving because reasonable consumers would think that they would receive the weekly promotion discount in addition to the price “Always” price. However, the store allegedly only discounted the full price of the items advertised at a discount in both the weekly promotion and as always discounted.

Prior to her death, the plaintiff allegedly purchased a small chest of drawers from Hobby Lobby in April of 2016. According to the class action lawsuit, the plaintiff attempted to apply a 40 percent off weekly coupon to the purchase that was listed as an “always” discounted price; however, she discovered that the coupon had been applied to regular price, making the coupon irrelevant.

The class action lawsuit also includes claims from other Hobby Lobby customers who said they were deceived under the promotion scheme regarding the price of fabrics and other products.

Hobby Lobby False Advertising Class Action Lawsuits

Hobby Lobby is fighting false advertising campaigns on multiple fronts. A second class action lawsuit was filed against Hobby Lobby alleging similar false advertising claims. According to this class action, filed in California federal court, Hobby Lobby’s pricing scheme violates both state and federal law.

Hobby Lobby attempted to duck the California class action lawsuit as well, arguing that the sales promotions referred to “comparable” products in other stores. A California judge rejected this argument in February of this year.

The lead plaintiff in the Alabama Hobby Lobby class action lawsuit is represented by Wiggins Childs Pantazis Fisher & Goldfarb.

The lead plaintiff in the California Hobby Lobby class action lawsuit is represented by Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter LLP.

The Hobby Lobby False Adverting Class Action Lawsuits are Christina Chase v. Hobby Lobby Stores Inc., Case No. 3:17-cv-00881-GPC-BLM, in the U.S. District Court for the Southern District of California and Estate of Diane Browning, et al. v. Hobby Lobby Stores Inc., Case No. 2:16-cv-00837-JEO in United States District Court for the Northern District of Alabama Southern Division.