MyPillow Class Action Says BOGO Campaign is False Advertising

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MyPillow Inc. has been hit with a proposed class action lawsuit brought by an Oregon consumer who says the company engages in a false and deceptive advertising BOGO campaign.

Filed Tuesday in Oregon federal court, the suit claims the MyPillow BOGO promotions are deceptive because MyPillow in not providing one pillow for “free.”

Specifically, the lawsuit contends that the company inflates the regular price of the pillow being purchased as part of the promotion, resulting in the buyer purchasing two pillows at or near the combined regular price for two pillows.

In other words, the pillow being sold as part of the BOGO promotion can be purchased for a substantially lower price without the inclusion of the “free” pillow.

“Defendant is attempting to mislead purchasers into purchasing two pillows instead of one under the guise that one of the two pillows is free, when actually it is not,” the lawsuit states.

Minnesota-based MyPillow Inc. frequently advertises its “MyPillow Buy One Get One Free” offer via infomercials, running a combined average of 175-200 times per day on local and national networks, radio, and television, including Fox News.

Additionally, the company offers a BOGO promo code for customers to purchase pillows online. The company reportedly produces approximately 25,000 pillows per day.

Lead plaintiff Jill Brunelle says that unbeknownst to her and other consumers, they were not getting two pillows for the price of one.

Instead, she contends that MyPillow was inflating the regular price of the first pillow to approximately or exactly twice its regular price, thereby passing on the cost of the “free” pillow to the consumer.

Brunelle states that when she saw the MyPillow advertisement on television, she understood and relied on the representations that if she purchased one premium pillow from MyPillow, she would receive another premium pillow for free.

Based on this information, she called MyPillow in July 2016 and paid a total of $119.95 (including shipping and handling of $9.98) to purchase one King premium pillow and to get one King premium pillow for free.

Brunelle believed the true and regular price of one MyPillow was $109.97.

Instead, she discovered that one King premium pillow could be obtained at the MyPillow website for a regular price of $54.99 and from MyPillow at Amazon.com for $69.95.

Thus, she asserts that the “free” pillow was not actually free and that the transaction was instead a disguised purchase of two pillows.

According to the MyPillow lawsuit, Brunelle states she only wanted one pillow, and had she known that she could of purchased one for $54.99 plus shipping or $69.95 with free shipping, she would have done so.

Brunelle’s 24-page lawsuit also cites numerous consumer complaints regarding the fraudulent nature of the MyPillow BOGO promotion.

Most of these complaints center on MyPillow’s alleged false insistence that the “regular” price of its Premium MyPillow is $99.97 (queen) or $109.97 (king), when “in reality, the regular price at which almost all Premium MyPillows can be purchased and are sold on the website and elsewhere is approximately half that amount.”

She argues that MyPillow’s alleged false and deceptive advertising is fraud and violates unlawful trade practices regulations.

Brunelle seeks to represent a nation-wide Class of consumers based on fraud and state subclasses for MyPillow’s alleged violations of individual state consumer protection acts and other state laws.

She is asking for injunctive relief only as necessary to cause MyPillow to stop all alleged fraudulent conduct associated with its BOGO promotion.

This MyPillow lawsuit echoes deceptive advertising claims brought by two other consumers in April.

The plaintiffs in that lawsuit, filed in California federal court, allege that MyPillow uses numerous news reporting agencies and logos to promote their product and the inventor himself, CEO Michael J. Lindell, touts himself as being a “sleep expert.”

However, these advertised endorsements mislead consumers because allegedly by his own admission, Lindell has no board certification or specialized training in sleep medicine.

Brunelle is represented by Rick Klingbeil of Rick Klingbeil PC; Brady Mertz and Robert Curtis of Foley Bezek Behle & Curtis LLP.

The MyPillow BOGO False Advertising Class Action Lawsuit is Brunelle v. My Pillow Inc., Case No. 3:16-cv-2007, in the U.S. District Court for the District of Oregon, Portland Division.