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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
Nobody and I do mean nobody can force you to buy any of that crap seen on TV. If you want to buy any of that stuff, look in Wal-Mart. Buy it, try it and if you don’t like it take it back the next day. No questions asked…….
I bought one pillow from figi gallery n slept on it for a week, the pillow SUCKS not what they advertise it at
I agree completely, I bought two of them and My husband and I had to stop sleep on it every morning we had neck stiffness
My daughter developed a terrible allergy when she slept on the pillow. She had horrible hives and she was so swollen that her face was unrecognizable. She ended up at the hospital Emergency Room. We have photos to prove it. It just happened this Christmas after I bought that BOGO deal.
Their 2for1 sale has been a scam from day one. They never sold a single pillow. The only way you can
buy one is at stores like Bed,Bath and Beyond where they sell for $50 each.
No, not more useless law suits. If this company is violating the law for deceptive marketing then they should be held accountable. I’d hate to imagine where we’d be if no one was ever held accountable.
I agree.
I too fell for that and ordered 4.my thing is why cant peoplw in nc file a claim besides they nor all that they claim yo be.they are crapy pillows i would like to have my money back.
I too am so glad they are being held accountable. Marketing and “deals” are so full of lies in the retail world. Greed is the name of their game.
The commercial also states that the speaker invented the pillow and still manufactures it himself, as if he alone is producing the pillows, when in fact it is a company using the old tried and true deceptive bogo form of advertising.
The regular price of these pillows in retail stores are $50 or less and I was so angry to find out that their BOGO was bullcrap on their website. Glad to see they may be held accountable for these deceptive actions.
More useless lawsuits.
Caveat emptor – let the buyer beware. So easy to shop around, get discount codes online and compare retailers and prices. If you don’t like their pricing platform, DON’T BUY THE BRAND!
Not “useless”, that is the only way these people get the message. Always thought they were a fraud doing those sales pitches. They never sold a “single” pillow, they always had the 2for1 sale from day one.