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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
If people actually like the pillow and want to keep it what the heck are they suing this guy for?? So ridiculous! Everyone seems to be jumping on law the lawsuit bandwagon, just an easy way to get free dollars imho!! All ridiculous
Some customers may want to keep the pillow but want a reasonable monetary payment due to the deceptive nature of the way that the pillow was promoted. Maybe a minimum of $5-$10 per pillow without receipt and $15-$25 per pillow with receipt if the person wants to keep them and 100% money back including shipping if they do not desire to keep them.
A receipt should not be needed for the latter since the return of the pillow should be proof enough.
This lawsuit must be extended to the media network Fox, etc allowing to air false advertising and publishing fake testimonials. My Pillow corporation is using reputable media networks to air a “sneak-OIl” type message to make believe that they are endorsed by them. It is not demonstrated scientifically that a pillow whatever it can be, can generate “the lifetime best night sleep you ever had”.
Michael Lindell targets senior citizens and uneducated people like sneak oil- salesmen used to do.
I am smart enough not to buy a “My Pillow” from the TV but I bought one from.JC Penny to try it. It took me no time to discover that the sneak oil pitch was just that.
I hope that your class action will make an end to this kind of scam so that America can be great again.
Thomas Delor, pro-se
What the hell is sneak oil?
Agift from My daughter, she ordered two sets at $99.00 a set, used their firmness factor. I have 3 pinched nerves in my neck, used a set for my legs when I lay on my side, used one for my neck, the outcome the next day was very painful. One night was not enough for me to evaluate this product, continued using product for 5 days, the outcome of using this product was not good, the pain was at a level 8, it created spasms to my neck which radiates down to my lumbar region of my back. Tried calling, wanted a routing number to send pillows back, No such luck, found out customer is responsible for shipping cost….it does not specified if they will return shipping cost with the product cost, or If I will receive full amount paid of product. Yes I want to be part of this law suit.
We bought My pillows months ago and they definately are the best we have ever had. We had trouble sleeping and had tried every kind of pillow we could find, but until we got My pillows, We couldn’t find the right one. Since getting ours, Many of our friends have bought them and are very happy with them and thank us for turning them onto my pillow. Since getting My pillow, we have thrown away 8 practically new pillows. This lawsuit is whats wrong with america. They do state if your not happy they will refund your money.
I purchased 2 at a Home and Garden show in 2011, I love my pillows and would purchase more if they wear out. Everyone is entitled to an opinion, but a lawsuit, seriously?? what is this world coming to!!
We have had my pillows since 2012 and we love them. I wash and dry them regularly. I think this is such a wrongful lawsuit right down petty, Its a shame they are suing for the advertising and not the pillows themselves. bet they sue but keep their pillows!.
I’ve had”” My Pillow””since 2011and I wash and dry it regularly.I take it with me when I travel,hands down best pillow ever.Love,Love ,Love it….rediculous Lawsuit..
I’ve bought numerous pillows from “My Pillow” love them all! Many of my guests have borrowed them permanently!
I have not been harmed by any of their products, in fact my hips are pain free after using their bed topper.
Not sure why anyone would sue, when they can just return the product that dissatisfies them.
Their lawsuit is a ‘first world problem’ to be sure. smh
I got a my pillow pillow and LOVE it so much that my husband bought one. I will and have recommended this pillow to alot of people. I have neck problems and miagraines. BUt since I starting using my pillow I have NO more migraines and NO neck pain. Hope judge throughs out this case. Some people sue for anything.