Jos. A. Bank Deceptive Sales Prompts Calif. Class Action Lawsuit

A popular men’s clothing retailer may be using fake sales tactics to lure customers in. Jos. A. Bank deceptive sales practices are the target of a new consumer class action investigation in California.

According to recent reports, Jos. A. Bank, who has 500 stores nationwide, allegedly advertises false former prices, false price discounts and false free apparel promotions for its men’s suits, sports coats and dress pants.

The advertisements may be misleading to many consumers who think they are getting a great deal when in fact the price discount is an “inflated” regular price.

The Federal Trade Commission has rules saying merchandise has to be sold at regular price for a “significant amount of time” before going on sale.

In California, where a recent class action lawsuit was filed over alleged Jos. A. Bank deceptive sales, the law is more specific, stating stores must sell the items at the “prevailing market price” for a 3-month period before putting it on sale.

Class Action Lawsuits Filed

In 2014, two consumers angry over alleged Jos. A. Bank deceptive sales practices took their issue to court.

Lead plaintiff David Lucas filed the Jos. A. Bank deceptive sales class action lawsuit in California federal court after he purchased suits from the retailer at a reported “regular price” and received two supposedly “free” suits in turn, as part of a buy-one-get-two-free sale, on several occasions.

Likewise, the other lead plaintiff in the class action lawsuit, Eric Salerno, claims he purchased two suits that were advertised at being the “lowest price of the year.”

However, the complaint says the “regular” price Jos. A. Bank advertised for the apparel did not reflect the true price formerly paid by customers. The advertised prices were allegedly false and deceptive, as the prevailing retail price for the items three months prior to the advertisement was materially lower.

“Jos. A. Bank, in advertising a completely inaccurate and inflated former retail price for the suit purchased by the plaintiffs intentionally misled them into purchasing such items,” the complaint said.

The California consumer class action lawsuit alleges Jos. A. Bank regularly misrepresents the nature and amount of price discounts in its advertisements, in violation of California law.

This isn’t the first time Jos. A. Bank deceptive sales practices have landed the retailer in hot water.  In 2012, two New Jersey consumers filed a class action lawsuit against the company, claiming the men’s clothier uses deceptive marketing by claiming merchandise is on sales when it is being offered at a regular price.

According to this lawsuit “the merchandise is perpetually ‘on sale,’ and the ‘sale price’ is actually the price at which Jos. A. Bank regularly offers their merchandise for sale.”  It adds that the merchandise was “rarely, if ever, sold at ‘regular price'” and that advertisements created a false sense of urgency and gave the impression that prices would rise after a limited time.

Affected by Jos. A. Bank Deceptive Sales?

Hundreds of thousands of California customers may have been victims of Jos A. Bank deceptive sales practices through in-store display advertising, Internet advertising and print advertising.

Because of the scheme, California consumers may have reasonably perceived that they were receiving valuable price reductions or bargains on their purchases with the retailer, when in fact they were really paying full price.

If you purchased clothing items based on an advertised sale price or a buy-one-get-two-free sale at a Jos. A. Bank store in California, you may be eligible for compensation.

An experienced consumer rights attorney can review your case at no cost and help you determine if filing a lawsuit against Jos. A. Bank is right for you.

The Jos. A. Bank Deceptive Sales California Class Action Lawsuit is Lucas et al v. Jos. A. Bank Clothiers Inc., Case No. 3:14-cv-01631, in the U.S. District Court for the Southern District of California.

Join a Jos. A. Bank Class Action Lawsuit Investigation

If you purchased a Jos. A. Bank clothing item that was advertised as on “sale” at a California Jos. A. Bank clothing store over the last 5 years, you may be eligible to join a free class action lawsuit investigation and pursue compensation.

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