JCPenney’s ‘BOGO’ and ‘70% off’ email deals spark class action lawsuit

JCPenney class action lawsuit overview:

• Who: Plaintiff Julie Arcand filed a class action lawsuit against Catalyst Brands LLC, doing business as JCPenney.
• Why: Arcand claims JCPenney engaged in false or misleading email marketing.
• Where: The JCPenney class action lawsuit was filed in Washington state court.
• How to Get Help: If you purchased a product from JCPenney advertised with a discount, you may have a legal claim.

A class action lawsuit alleges JCPenney engaged in false or misleading email marketing that advertised phony discounts and “free” offers.

Plaintiff Julie Arcand’s class action lawsuit claims JCPenney engaged in false or misleading email marketing in violation of the Washington Consumer Protection Act and the Washington Commercial Electronic Mail Act.

Arcand argues JCPenney falsely advertised discounts on more than 90% of its products on its website and in its retail stores, typically offering discounts of 25% to 70% off from a “false higher list price.”

“JCPenney’s advertised discounts are false because JCPenney never or almost never offers or sells its products at their list price,” the JCPenney class action states.

JCPenney falsely advertised ‘free’ offers, class action claims

Arcand claims JCPenney also falsely advertised “free” offers, such as “Buy 1 Get 1 Free” or “Buy 1 Get 2 Free,” where the company represented that it would include one or two more of a given item for “free” if the consumer paid the list price for the item.

The JCPenney class action alleges the company directly recovered all of the cost, or even more than the cost, of the “free” item(s) by increasing the price of the first item, such that the free offer is illusory, and the consumer is not getting any deal at all.

“JCPenney also falsely advertises that the discounts are for a limited time, when in fact the advertised savings are perpetual and never-ending,” the JCPenney class action states.

Arcand wants to represent a class of Washington residents who received an email from JCPenney that contained in the subject line either a percentage-off statement or a statement advertising a “free” offer.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages of $500 for each and every commercial email JCPenney transmitted that contained false or misleading information in the subject line.

In 2024, JCPenney faced a similar class action lawsuit accusing the company of using fictitious original prices for sale items on its website to make them appear more heavily discounted than they were.

Have you received a JCPenney email that contained false or misleading information in the subject line? Let us know by filling out the form here.

The plaintiff is represented by Daniel M. Hattis and Che Corrington of Hattis Lukacs & Corrington.

The JCPenney class action lawsuit is Arcand v. Catalyst Brands LLC, Case No. 2:25-cv-01445, in the Superior Court of the State of Washington for King County.

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