San Diego man alleges Select Comfort engaged in price scheming

By Robbie Hargett | Dec 18, 2015

MINNEAPOLIS (Legal Newsline) – A San Diego man is suing a bedroom accessories retailer over claims it deceptively advertises its merchandise at phantom discount prices.

Saeid Azimpour, individually and for all others similarly situated, filed a class-action lawsuit Dec. 4 in the U.S. District Court for the District of Minnesota against Select Comfort Corp., alleging unjust enrichment and violations of Minnesota and California statues against unlawful business practices.

Select Comfort distributes and sells mattresses and other bedroom accessories throughout the U.S.

Azimpour and others in the class purchased Select Comfort's merchandise at one of its retail locations.

Specifically, Azimpour bought a pillow at a Select Comfort location in San Diego for approximately $48.59. This pillow was advertised at a 50 percent discount off a regular purchase price of $89.99.

However, Azimpour claims the pillow was still on sale over four months after he purchased it at a 50 percent discount. The suit states Select Comfort sells merchandise with falsely represented "original" or "regular" prices and corresponding false price discounts.

According to the suit, Azimpour and others in the class suffered injury because they purchased Select Comfort's merchandise under the mistaken belief that these products were actually offered at a meaningful discount, and they would not have purchased the products otherwise.

Azimpour and others in the class seek damages, restitution, disgorgement, declaratory and injunctive relief, and attorney fees and costs, together to exceed $5 million.

They are represented by attorneys Karen Hanson Riebel, Eric N. Linsk, and Kate M. Baxter-Kauf of Lockridge Grindal Nauen in Minneapolis; by attorneys Joseph P. Guglielmo and Erin G. Comite of Scott+Scott, Attorneys at Law in New York City; by attorneys Gary F. Lynch and Edwin J. Kilpela Jr. of Carlson Lynch Sweet & Kilpela in Pittsburgh; and by Todd D. Carpenter of Carpenter Law Group in San Diego.

U.S. District Court for the District of Minnesota Case number 0:15-CV-04296-MJD-TNL

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Baxter Lockridge Grindal Nauen PLLP

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