Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A group of consumers recently filed a class action lawsuit against T.J. Maxx alleging that their “compare at” price tags are not actual competitive prices and are instead unverified estimates.
Four T.J. Maxx customers say defendant TJX Companies Inc. frequently uses “compare at” prices on their price tags, juxtaposing the higher compared price with the lower sale price offered by the store.
Plaintiffs argue that this tactic is used to drive consumer purchases by making the customer feel like they are getting a good deal. However, this is allegedly a “phantom markdown” due to the arbitrary price reportedly used on the price tag.
“Reasonable consumers, including Plaintiffs, do not interpret the comparative price to refer to a retailer’s unverified estimate of what a comparable product may have sold for in the marketplace,” the T.J. Maxx class action states.
The T.J. Maxx price tag class action claims that the “compare at” price is not representative of competitor retail prices and is instead a price which T.J. Maxx believes the products may sell for.
These “compare at” prices are typically 23 percent to 54 percent higher than the prices offered in store. Plaintiffs claim that this practice deceives the reasonable consumer by taking advantage of the “everyone loves a bargain” mentality and inducing them to believe that their purchased item is worth more than it actually is.
The T.J. Maxx class action also claims that consumers could not have known that the “compare at” price is fictitious because no information on the price is provided.
T.J. Maxx reportedly offers no information on the tag, item, or in the vicinity of the item that defines what a “compare at” price is or provides sources and context.
Plaintiffs argue that T.J. Maxx takes advantage of the consumer assumption that the “compare at” price represents actual competitor retail prices.
The T.J. Maxx customers argue that this practice of including “fictitious” markdowns on their price tags deceives consumers and violates the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
“Defendant’s practice of advertising fictitious comparative pricing is deceptive because it creates an illusion of a discount,” the T.J. Maxx class action claims. “A reasonable person would likely be misled into believing that the person is receiving a discount and thus saving the difference between the two prices and that the good in question is of a higher quality and value.”
Plaintiffs seek to represent a Class of Florida consumers who purchased items from T.J. Maxx which bore a tag with a “compare at” price during an currently undefined statutory period. The T.J. Maxx class action seeks actual damages under FDUTPA, court costs, and attorneys’ fees.
Plaintiffs are represented by Michael E. Criden and Lindsey C. Grossman of Criden & Love PA.
The T.J. Maxx “Compare At” Pricing Class Action Lawsuit is Fuentes, et al. v. TJX Companies Inc., Case No. 1:18-cv-22767-KMW, in the U.S. District Court for the Southern District of Florida.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
492 thoughts onT.J. Maxx Class Action Says ‘Compare At’ Prices Aren’t a Bargain
PLEASE ADD ME!!!
add me please
add me please
add me
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
add please…
Exactly but than agin it legal professionals taking case.
Add me to claim
Smh the majority of products have a regular store sticker on them or from manufacturer. This is people looking for an easy dollar!
Agreed
Add me please
My shampoo is 24.99 at tjmaxx the compare to value is way lower than actual price. I’m getting a better bargain than they say. And that’s true with most things I buy there. Please don’t ruin a good thing leave T.J. Maxx alone.
There are many items that are great deals but I do see clothing items that I could actually do better at stores like Macys, Belk on their sales and coupons. I think it’s just knowing your prices, and what is actually a good deal and what is not. I do think this is I frivolous lawsuit.
Very true , I agree
You can get great deals if you know your brands and what they normally retail for. I use a hair care product that comes in many sizes. The smallest is $24.99 at ULTA. The largest is $54.00 at ULTA. A TJmaxx across the street sells this product. They sell the small bottle for $12.99 the medium is $19.99. $5 less than the smallest one at U LTA. They also sell it in a set with a full size shampoo and conditioner which retail at ULTA for $24.99 . This set is sold for $24.99. Retail value is $79.97 TJMAX had the value price listed as $42.00 when it would cost double. The smallest bottle of Drakkar is sold at Khols for $30.00 Macy’s carries Drakkars largest I paid $104.00 Last Xmas I purchased them for husband and father for a total of $134.00 before tax. Last week TMAXX had 2 of the Large $103 Drakkar. $27.00 and the other was on clearance for $23. Khols is across the lot and yes the small bottle is there for $30. I paid $50 for both. A savings of $54.00 last week a friend paid $30 online for charcoal toothpaste. 2 days ago got the same brand at TJmaxx for $3. 97% savings. Joico hair shampoo and conditioner brand. Sold in salons. Super cuts carries only the regular sized bottle. I paid $24.99 for each 6 mths ago. They still sell it at that price. TJMAX always has it. The regular sized bottles are $7.99 or lower on clearance. Their jumbo bottle is $12.99. I bought Redkin split end fixer on clearance for $3.00. I Googled it beforehand to read the reviews and the cost. Rave reviews. Tiny bottle though. 3.3 ounces it retails for $35.00 The magnetic false lashes that are $34.99 at Wal-Mart right now are $13.99 at TJMAX today!! So yes their are good deals. If you know your brands and how much they retail for at other places you can get high-end products at a fraction of the price. They even had the salon size bottles of Redkin shampoo for $34.99 those huge jugs that they use for washing customers hair in high end salons. Michael Kors watches and purses are usually $100 to $200 less than Macy’s. I bought a jacket years ago for $19.99 from TJMAX. I went to Nordstrom and they had it on a mannequin for display $120.00 that means I saved $100 and paid 80% less. Between the $3.00 toothpaste and $3.00 Redkin split end fixer is $65.00 Retail value and came to $6.00 THAT is a saving value of 91%!!!!! The Drakkar cost me $50 total for the 2 largest sizes that at Macy’s costs $104. Khols sells the small bottle for $30. I buy these every year at Macy’s or Khols. Not this year. This year I paid $50 total. At Macy’s I would have paid $208.00 a LOT of money. If I’m broke I may have had to get dad and hubby the small $30.00 bottles at Khols. $60 for 2 small ones which is why I bought the 2 largest ones at TJMAX for $50.00 $10.00 and 5 x’s the size/ounces. I saved $158.00 just on those 2 Xmas presents. TJMAX was 75% less than Macy’s. Khols I can’t figure out the math since they’re not the same size. Khols is $30 for the small. The large were $27 and $23 cause of the one that was on clearance. $50.00 where Khols was $10 more for the smallest size would be $60 for them. Why would I pay $60 at Khols for 2 small ones when I can spend $10 less and get the Large $104 Drakkars? Well TJMAX was 75% less and saved me $158.00. SAVED!! I only count savings if it’s a product I need to buy. These are one of the gifts I buy each year. I had the $208.00 plus tax it’s $224.64 oh I also am a TJMAX card member and had 20% off that weekend. So the 2 colognes cost $40.40 for a GRAND TOTAL SAVINGS OFF $184.24 89% less. The exact size and item sold 5 minutes away from each other was 89% less. I don’t spend money to save money bty. A lot of shoppers buy things because their on sale and it makes them feel like their saving money while they’re actually spending money. I did spend money. I spent $40.40. I also SAVED. Because I didn’t pay full retail price and found them at 89% off the retail price I saved and pocketed that $184.24. These actions enable me to have nice name brand clothes jewelry makeup and hair care products etc. I live in Orange County southern California. Some of the most expensive realistate in the nation. I’m 41. We owe less than $70,000 on a home worth over $1.5 million. I work part time 12 hours a week at a gym so I can get paid to be in and stay in shape. We drive cars that are paid for. My BMW 3 series is tight and looks and drives better than a new Chevy Malbu would. Invest wisely. Purchase nice things that you NEED and that will last. You can pay $95 for a fake leather purse from Avon or Target and it will look cheap and the zipper will break 2 months later or you can purchase a $300 Kate Spade bag for $95 which is 68% less than the retail price/value. But a $95 fake purse has a value of $10.00 maybe so if your paying full retail price your paying about 90% more than what the item is worth. This lawsuit is hilarious. I wish I’d taken a picture of the hair care set of Biosilk shampoo and conditioner and the Large bottle of the Biosilk treatment. The box said on it a $42 value for only $19.99 anyone familiar with the Biosilk brand knows that they don’t sell for less than $24.99 for their smallest bottle at Ulta, Sephora and hair salons. The box should have said $85 value for only $19.99 so in that case TJMAX put the value of half it’s worth. It’s a savings of $65.00 and 75% off the retail price
Well said, if people knew Manufactures , designer, brand names , Pricing & familiar with all, I think they would be grateful With such a store as TJ MAXX. They carry a wide selection of everything. I personally Enjoy shopping in TJMAXX . I get compliments all the time .
Frivolous law suits cost us all in the end.
I agree why should people even be able to file a law suit over such stupid stuff. Your the stupid one. Either buy it or don’t.