Nectar Brand, LLC sells mattresses, bedding, and other products connected to sleep. But the complaint for this class action alleges that Nectar advertises false “sales” and “discounts,” sometimes along with a countdown timer that purportedly shows when the sale ends. The complaint shows two such ads, then alleges, “Everything about these advertisements is false[,]” including the “regular prices” that are supposedly discounted for the “sale.”
The Nationwide Class for this action is all persons who, while in the US, during the applicable statute of limitations period, bought one or more Nectar products advertised at a discount on Nectar’s website. A Washington Subclass has also been defined for all those in the above class in the state of Washington.
The Federal Trade Commission (FTC) publishes Guides Against Deceptive Pricing that warn against false reference pricing and fake sales. Also, the complaint quotes the Code of Federal Regulations as saying that it is deceptive to invent “an artificial, inflated price … for the purpose of enabling the subsequent offer of a large reduction” from that price.
Nectar prominently advertises sales on its website, www.nectarsleep.com, the complaint alleges, with fake limited-time sales, fake discounts from those fake prices, and fake countdown timers to when the sale will supposedly end.
The complaint shows a series of examples of this, an ad featuring a room with yellow walls, the edge of a bed, and a nightstand, with what seems to be the stripes of a flag in an upper corner, with the title, “Our Biggest Offer Ever!” A countdown time shows the title, “Summer Clearance Sale,” the line, “All Current Offers End In” a counter with days, hours, minutes, and seconds, and a line below saying, “Sale ends Jul 19 2022 11:59 PM.” A notation below the screenshot notes that it was captured on July 19, 2022.
But the sale did not end at midnight that night, the complaint alleges. Another screenshot in the complaint shows the same ad on the following day, July 20, promising that the sale will end at midnight that night. The following day, the sale had still not ended, although the counter promised that the sale would end in three days this time, on July 24.
The complaint shows yet another screenshot from July 26, with a different background but the same offering terms, with the counter this time labeled “Beat the Heat Sale,” promising the sale will end July 26; and another with the counter saying “Beat the Heat Sale Extended” that was captured on August 1; and three more on different dates after that. The offerings on each of the ads are the same.
The complaint alleges that the website also lists false regular prices and false discounts, claiming that the items are never sold at the purported regular prices.
The complaint claims that these fake prices and sales are against both federal and state laws. It contends, “Advertising such false ‘bargains’ is false, misleading, and unfair.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Nectar Brand False Sales, False Regular Prices Complaint
October 31, 2022
Nectar Brand, LLC sells mattresses, bedding, and other products connected to sleep. But the complaint for this class action alleges that Nectar advertises false “sales” and “discounts,” sometimes along with a countdown timer that purportedly shows when the sale ends. The complaint shows two such ads, then alleges, “Everything about these advertisements is false[,]” including the “regular prices” that are supposedly discounted for the “sale.”
Nectar Brand False Sales, False Regular Prices ComplaintCase Event History
Nectar Brand False Sales, False Regular Prices Complaint
October 31, 2022
Nectar Brand, LLC sells mattresses, bedding, and other products connected to sleep. But the complaint for this class action alleges that Nectar advertises false “sales” and “discounts,” sometimes along with a countdown timer that purportedly shows when the sale ends. The complaint shows two such ads, then alleges, “Everything about these advertisements is false[,]” including the “regular prices” that are supposedly discounted for the “sale.”
Nectar Brand False Sales, False Regular Prices Complaint