Janie and Jack class action lawsuit overview:
- Who: Three consumers have filed a class action lawsuit against Janie and Jack LLC.
- Why: They claim the children’s fashion retailer sent emails to Washington residents with misleading information in the subject lines.
- Where: The Janie and Jack class action lawsuit was filed in Washington state court.
A new class action lawsuit claims children’s fashion design house Janie and Jack sent emails to Washington residents with misleading information in the subject line about discounts and time-limited sales.
Plaintiff Divya Gautam and two others argue Janie and Jack’s emails contained subject lines such as “It’s the last day—shop 25% off + free shipping,” which they claim misled consumers into believing they were getting a substantial sale on products that were normally much higher priced.
“In truth, [the] defendant’s products were often available for purchase on the website for less than the reference price,” the Janie and Jack class action lawsuit says. “So, the regular price is actually a discounted price, and the amount of the advertised discount is misleading.”
Gautam wants to represent a class of Washington residents who received promotional emails from Janie and Jack with subject lines advertising purported time-limited sales, including for holidays or special events.
The plaintiffs are suing for violations of Washington’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act.
Janie and Jack emails created false sense of urgency, CEMA lawsuit claims
The class action lawsuit argues Janie and Jack’s emails created a false sense of urgency by suggesting sales were ending soon, even though they were extended or replaced by similar promotions.
“This false urgency wastes consumers’ time by enticing them to engage with the defendant’s marketing efforts for fear of missing out,” the Janie and Jack class action lawsuit says.
The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of statutory and treble damages for themselves and all class members.
Currently, Nike is also facing allegations it used fictitious reference prices to advertise discounts.
Have you received misleading promotional emails from Janie and Jack? Let us know in the comments.
The plaintiffs are represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC, M. Anderson Berry, Brook E. Garberding, Gregory Haroutunian and Brandon P. Jack of Emery Reddy P.C. and Alexander E. Wolf of Milberg PLLC.
The Janie and Jack class action lawsuit is Gautam, et al. v. Janie and Jack LLC, Case No. 26-2-18595-6 SEA, in the Superior Court of the State of Washington for the County of King.
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