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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
I was using two or three pillows a night. Saw them advertised on TV late one night. I used the TV promo code and bought the two for the price of one at $99. I received as a bonus two travel My Pillows. They are a smaller pillow, but are really comfortable. I am now down to just the My Pillow at night. I am amazed at people that sue for the sake of suing.
My husband & I just LOVE our My Pillows. They ARE the best pillows that we have ever owned. When we go other places & do not have them we sure miss them! I think it’s like everything else, before you buy, do your due diligence. I wonder if that were done in these instances, that would have saved EVERYONE trouble & time. But then again, what would the frivolous lawsuit lawyers do???
These are great pillows my wife and I just love them. We have bought four so far. But people find anything to sue for and unfortunately when it’s all over the lawyers take all the money
I bought 4 of these and they never did anything for me except make my neck hurt. I tossed them in the closet and bought other pillows because the time frame to return was over. Oh well…. False advertising is a shitty way to treat the consumer is all I can say!!!!
Are you kidding me? This is a nice guy putting people to work, in America. He could easily have a hem mare in China or Mexico for a tenth the cost. I live these pillows and they stand behind their hem 100℅. They cost a bit more, but they are quality and last. I buy everyone in my Family AAA memberships every year for Xmas, this year they all get My Pillows too! I also received a free travel pillow for every pillow I bought, great for the grand kids. Support American made, don’t sue them!!!!!
Hillary voters
I have been using these pillows for years and have never had a more comfortable or restful night’s sleep. I have bought them as gifts for family members and they all raved about it. It’s a pillow, people. If you don’t like it, buy something else. Give the unused one to your brother-in-law who snores. It’s NOT the end of the world1
I bought the pillow for support of my neck but it flattens out totally flat and wraps around my face and ears.it’s nothing special
This lawsuit is a crock. I bought 2 pillows. The company was great to deal with. Yes, its an expensive pillow, but no one twisted my arm to buy them. They did not make any medical claims or say it would cure anything–he just told what it did for him. This lawsuit is like trying to sue a car manufacturer because you got in a wreck while speeding and then saying the manufacturer is responsible because they made a car that would go that fast.
The people that started this lawsuit are just out to try to get money from anyone they can blame for anything. I wonder how many other lawsuits they’ve filed trying to sue other people or companies.
I have several MyPillows and am very, very happy with them. I know many people who have them. These so-called plaintiffs sound as though ‘they’ are the ones running the scam, just to get some money out of an unwarranted situation and there’s always the greedy lawyers.
Jeez, people. Get a life!