MyPillow Class Action Says 50% Off Promo is a Phony Bargain

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.