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The makers of MyPillow are facing another false advertising class action lawsuit, this time addressing an allegedly deceptive “50% Off” promotion.
Plaintiffs Donald Puckett, Patrick Kavanagh and Theresa Cordero claim that defendant My Pillow Inc. ran a promotional campaign advertising its pillows at “50% Off” their regular price.
They claim the company advertised its pillows at a full price of $99.97, reduced to $49.99 after the allegedly fictional discount.
That campaign was false and deceptive, the plaintiffs claim. They accuse the defendant of setting an arbitrary “original” price for MyPillow pillows, then offering them for sale at half that price.
Plaintiffs say this tactic gives consumers the impression of a discount that doesn’t actually exist, using a marketing scheme to make them more likely to make a purchase.
Defendant My Pillow is a Minnesota-based company that manufactures MyPillow pillows and markets them through infomercials, web advertising and several retail stores throughout Minnesota.
The plaintiffs also raise a similar challenge against another MyPillow promotion that offered consumers two pillows for the price of one – the “buy one get one free” promotion, or BOGO.
Plaintiffs argue that because My Pillow can arbitrarily set the price of MyPillow pillows, the price for which the company offers two pillows for sale under the BOGO promotion is actually the pillows’ regular price. Therefore consumers who buy under the BOGO promotion aren’t getting the bargain they’re led to believe is being offered, the plaintiffs claim.
Claims similar to these were recently the subject of another MyPillow class action lawsuit brought in a federal court in Oregon this past fall. Plaintiffs there also allege the company arbitrarily sets the price for its pillows, then claims that price is a BOGO offer.
Even more MyPillow litigation recently resulted in a MyPillow false advertising class action settlement in a federal court in California. The plaintiffs in that action raised several challenges to the company’s advertising claims that promise more comfort and more healthful sleep with MyPillow pillows, claims the plaintiffs allege were false.
Parties in that action reached a settlement this past October. A hearing for final approval is scheduled for later this month.
In the current action in Minnesota, the plaintiffs are proposing to represent two nationwide Classes of prior MyPillow U.S. customers, one consisting of all who purchased a pillow under the MyPillow 50% Off promotion and the other consisting of those who made a purchase under the BOGO promotion.
They are also proposing separate subclasses for MyPillow consumers in Washington, Oregon and California, and any other state the court sees fit to certify a Class for.
Plaintiffs are asking the court for an injunction barring MyPillow from continuing the allegedly fraudulent conduct complained of. They also seek a damage award including actual and treble damages, restitution, attorneys’ fees and costs of litigation.
The plaintiffs are represented by Robert K. Shelquist, W. Joseph Bruckner and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP; Peter J. Bezek, Robert A. Curtis and Kevin D. Gamarnik of Foley Bezek Behle & Curtis LLP; and Rick Klingbeil and Brady Mertz.
The MyPillow 50% Off Deceptive Advertising Class Action Lawsuit is Donald Puckett, et al. v. My Pillow Inc., Case No. 0:17-cv-00029, in the U.S. District Court for the District of Minnesota.
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23 thoughts onMyPillow Class Action Says 50% Off Promo is a Phony Bargain
I purchased the BOGO directly from the company and in no time both pillows flattened out. After washing and drying them they fuffed up nice, then flattened AGAIN! No bargain here, I really feel ripped off! Definitely do not feel the offer was genuine.
I purchased two pillows “for the price of one.” But it seemed that a retail price of $99 was steep, so I went to the website of the National Sleep Foundation, referenced in the My Pillow ads, and found that, indeed, the price of one My Pillow is only $49. In short, what you get from My Pillow direct is two pillows for the price of two.
And I wonder if the foundation isn’t also a product of the same fraudster.
I purchased through Amazon and could never find the ones advertised. When I received the pillow the plastic covering said KING I ordered Queen. There seems to be a lot of empty space in this pillow. I called them and they said I choose incorrect firmness…..I used their criteria to do so……side sleeper. They did take 10% off purchase but it doesn’t make up for the emptiness of filling problem.
Yes people this company is a SCAM..TODAY 1/17/2017 In Hawthorne, California I was at Costco and I just stood by and listened to the lies he was telling customers! Unbelievable! I even went over and felt the pillow and tried to fluff it up as if I was using it at home… I was a piece9of Junk! Any pillow they sell at Costco would work better than this one!
This lawsuit is bunk! This guy is being attacked for showing support for trump and being a Christian!
he is by no means a reaL Christian is he is knowingly & willfully SCAMMING his customers with LIES !!! hope the lawsuit bankrupts his dirty pillow company, also those crappy pillows are NOT made in minnesota they are imported from China all they do in MN is change the label and sew on a fake yankee label to SCAM people
I purchased one at Bed,Bath & Beyond, $49.99 and coupon 20% off,
Not sure its as great as they claim, jury still out on this one!
Not only did the pillow bunch up and get totally hard under my head and neck, but I continued to awaken with my chronic headaches! I finally went back to my own homemade pillow, which works BETTER! Btw, I WROTE a letter of complaint to the company BEFORE there was ever any mention of a lawsuit!
I called the order line and was told the cost would be 95.00 i told the lady no i want the deal bogo for 49.00 she stated no thats not right if you want i can sell you one pillow for 58.00, i said no thank you. I ended up buying one from qvc and it was still overpriced but i was hoping it would help me sleep, well it didn’t i have gone back to my old pillow at least i don’t end up with a head ache
I succumbed to this fraud, buying 2 pillows at the “discount” price on HSN or QVC, whichever it was. Well the pillows do NOT do what he claims they will and returning them was FAR too expensive, so i put them on the guest room bed. Very disappointed.