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My Pillow Inc. faces a proposed class action lawsuit over the way the pillows are advertised on its website.
Plaintiffs Neda Kadkhoda of California and Marcia Williams of Florida take issue with My Pillow’s use of several different news reporting agencies logos in their advertising. They also say that the way My Pillow presents its inventor and CEO Michael J. Lindell as a “sleep expert” is false and misleading.
According to the My Pillow class action lawsuit, the Minnesota-based company began advertising its pillows around October 2011, using a series of infomercials that direct viewers to order a My Pillow pillow via telephone or by visiting the My Pillow website.
Kadkhoda and Williams both describe similar experiences in purchasing their My Pillow pillows. They say that they each bought the product after seeing them advertised on television and after browsing the My Pillow website.
Both plaintiffs allege that in choosing to buy their pillows, they relied on My Pillow’s representations about Lindell’s credentials and on the presence of the news agencies’ logos. Were it not for those representations, both plaintiffs say they would have opted not to buy a My Pillow pillow or would have paid significantly less for one.
The plaintiffs claim that the way My Pillow uses the logos of news agencies like Fox Business, The New York Times, USA Today, and The Wall Street Journal implies an endorsement of My Pillow products by those agencies.
Kadkhoda and Williams also challenge the assertion that CEO Lindell is a “sleep expert.” They cite two My Pillow infomercials in which Lindell is presented with the title “Sleep Expert” following his name. Yet according to the plaintiffs, Lindell admitted in an interview that he has no board certification or special training in sleep medicine.
The plaintiffs say that My Pillow knew or reasonably should have known that their advertising would harm the plaintiffs and the entire purported plaintiff Class. They fault My Pillow for failing to police itself by preventing its employees from “committing actions that harm consumers or failing to act in ways to protect consumers.”
Both plaintiffs seek to represent a nationwide Class consisting of all persons in the U.S. who purchased My Pillow products within the applicable statute of limitations periods. Williams seeks to represent a Florida subclass of all such persons who are residents of Florida. Kadkhoda seeks to represent a similar subclass of California plaintiffs, as well as a “California Consumer Subclass” consisting of California residents who purchased My Pillow products “for personal, family, or household purposes.”
Kadkhoda and Williams seek an award of compensatory damages, including restitution and prejudgment interest, plus an award of attorneys’ fees and costs of litigation.
The plaintiffs are represented by Barbara A. Rohr, Benjamin Heikali, and Timothy J. Peter of Faruqi and Faruqi LLP.
The My Pillow False Advertising Class Action Lawsuit is Kadkhoda, et al. v. My Pillow Inc., Case No. 2:16-CV-2216 in the U.S. District Court for the Central District of California.
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52 thoughts onMy Pillow Class Action Says Pillows are Falsely Advertised
Fraud is representing the item as something it is not. Just because they call it a pillow and send you a pillow does not mean they are not guilty of fraud. When they claim to have done extensive research, they are misrepresenting the company and product if they have not done so.
How many times have you bought food because it was advertised as “good for you, tasty, fat free, a wonderful convenience? Only to find that it tasted terrible?
And consider all of the medications being advertised on t.v., have you paid attention to the listed side-affects? They don’t tell you about the people that have lost their lives because of them, and you don’t get your money back!
Send it back and get a refund! Did My Pillow refuse a refund? Or are you willing to be part of a suit that intends to hurt a company financially? A company that provides a wonderful, comfortable and helpful product as well as employing local people and improving the economy?
Miracle pillow is pretty good love this pillows get one
We bought two pillows this summer, we we love our pillows. In fact we are going to get two more for our RV. This lawsuit sounds like a way to get money…if you didn’t like what they said, the price, or if when you used them you didn’t like it after you bought it…you could have not purchased or returned the pillow. If you continued to use it, but didn’t like it…why did you continue to use it?
People, it’s a pillow. Personal tastes on types of pillows (soft, firm, medium, side sleeper, back sleeper, memory foam, etc. etc.) is such a thing of personal taste. This lawsuit is such B.S. If you didn’t like it, return it. You don’t sue because it “harmed” you in some way. Give me a break, what in the hell did the pillow do to them that “harmed” them. Some people are always looking for a way to make money for doing nothing.
How do I participate in this lawsuit…I purchased two pillows because I thought it was a Good BOGO.
If you’re not happy, return it. Just like you return a pair of flip flops that you thought you’d like and you thought about it again and you don’t want to keep them. Don’t contribute to the bull shit lawsuit happy people that are becoming more and more the norm in this country. Pillows are an expensive product period. You don’t sue someone because you thought it was a good buy, but now you’ve changed your mind. Return it!
You are absolutely right! There are a whole lot of knit pickers in this world. This is a ridiculous lawsuit.
If you don’t like the pillows, send them back for a full refund. My husband and I love them! I suffer from Insomnia, the pillow has helped tremendously. On nightsthat I don’t sleep, I don’t blame the pillow!
You have spent far more on things that haven’t done anything for you, or have actually made things worse. Shame on you!
we ended up paying 129.00 for our buy one get one free pillows, its fraud but my husband liked the pillows
It’s not fraud if you knew how much it costs, but you bought it anyways, and got the product, and your husband at least is happy with it. Fraud would be if they took your money and never sent you the pillows. Or if they said they were going to charge you $129 and actually charged you $1129
The company is a total scam…. They were advertising a price of $19.99(both in the audio and video commercial). Then would you called you were told the price was $99.00 and that they never advertise the price, which they don’t anymore, but they used to,,,bait and switch, mail fraud,,,,,
In our house, we LOVE the Mypillows. I have herniated discs in my neck, and I think of mine like modeling clay — I’m sometimes a side sleeper and need more support. Other times I’m on my stomach and want it to be flatter. For parents with kids, the first time your child vomits on it, it has paid for itself because it’s washable and comes out looking and feeling brand new. It’s a product, just like anything else you buy. Some people will love it and others won’t. Remember those husk pillows? For me, those were a joke. But it was my decision to give them purchase them; nobody forced me. But to try and sue the comoany because you think you paid too much is ridiculous and I hope the judge throws the case out. Personally, I would pay twice the price because the pillow has transformed my (sleeping) life from a nightmare to great sleep every night, but I don’t think I’ll try to sue because I wasn’t charged enough money! LOL
agreed! I hope the judge throws it out. I have spent $100s on expensive pillows. Not one of them worked as they claimed. I could mention high end name brands, but I don’t want to get sued. It comes down to finding what works…and using it correctly. You have to adjust these pillows or go down a size, like I had to. I had major neck injuries, my first one was 7yrs old. Of course, they don’t take away my injuries.
The ONLY pillow I could sleep with was a European down (the real stuff, not the ones I see in expensive stores). It took me 30yrs to mimmick the pillow I grew up with. My pillow does it for me. Wonderful experience! You do have to size yourself correctly. They were very nice in helping me over the phone.
You need to do plenty of research before making ignorant statements as you have just now. There are many people whom have had bad neck injuries in their life and they seek out comfort while sleeping; so they put their trust in people who claim that their pillow will guarantee comfort and a restful nights sleep; Especially coming from the CEO of this company who says that he has suffered neck injuries as well. The neck and spine are highly complex regions of the body and every individuals injury will be different from another persons. What may work for the CEO, may not work for everyone, in fact cause more neck problems as in my case. What the MYPILLOW did to me and my wife, was cause our necks to lunge forward more because the area where our heads rest would go flat, while the cushion material behind our heads would get pushed back, causing a more slanted angle, causing our necks to lunge forward more. If you did more research about the kinds of neck and nerve problems that come from leaning your neck forward for prolonged periods of times, it would scare you enough to stop looking down at your smart phone or computer for long periods of time. I use good posture and look straight forward as much as possible while on the computer too. Long story short, I took our Mypillows back as soon as I started noticing stiff sore neck problems, followed up by nightly tremors due to a pinched nerve in my neck because of the constant angle my neck was at while using the MYPillow. Theres a lot of different kind of complaints from various customers about this pillow and its not all about how much they cost either. Theres plenty of complaints about neck pain, Im one of those who suffered because of this pillow.
Really, did the company refuse you a refund? Its just a pillow…did it injure you in some way? Did it just up and try to suffocate you? Talk about a frivolous lawsuit? People are sue crazy in this country…. the ambulance chasers will sue anything that talks, walks, or even exists? OMG!!
They are robbing people by selling shitty pillows and making them pay $30 to return the damn things. But sure, if you have that kind of money to just throw away, support these crooks
agreed. It does nothing for me medically
I’ve had the best night sleep I have ever had since I bought mine.
Best. Pillow. Ever.
Agree, bought six pillows it is the worst i ever bought
Precisely! I literally “love” my My Pillows. Have given two sets as gifts. Everyone raves.
Q: What do you call a room full of lawyers up to their neck in concrete?
A: Not enough concrete!
Right on bro…I bought a My Pillow and for the first time in over 30 years sleep through the night. Before that, I’d toss and turn all night until the early AM and was suffering from extreme sleep depravation. Now, I’m no doctor and yet I know whether I had a good nights rest. With the My Pillow the answer day after day is “yes, thank God.” And as far as I’m concerned Lindell is a sleep expert indeed as opposed to being one in writing.
Id normally agree with you about frivolous lawsuits but this shyster Mije needs to be punished…and financially appears the best way…other then a public flogging while locked in stocks. Id pay the 50 pillow price just to see that.
Sorry meant to say Mike