BIRMINGHAM, Ala. (Legal Newsline) - Two Alabama residents are suing Hobby Lobby, alleging its coupons and sales mislead consumers.
David Phillips of Shelby County and Diane Browning of Walker County, individually and for all others similarly situated, filed a class action lawsuit May 19 in U.S. District Court for the Northern District of Alabama Southern Division against Hobby Lobby Stores Inc., alleging violations of the Oklahoma Deceptive Trade Practices Act and breach of contract.
The suit alleges Hobby Lobby misleads consumers regarding its items marked "always" on sale. These items, the complaint states, are never sold at a price other than the "sale" price, suggesting this "sale" price is actually the "regular" price.
However, when a consumer tries to apply a discount coupon for any "regularly" priced item, the lawsuit says, Hobby Lobby takes that discount off an inflated price, which does not represent any price at which the item was ever sold, rather than the price at which the item is purportedly "always" sold.
The plaintiffs and others in the class seek a jury trial, injunctive relief, damages, costs and attorney fees. They are represented by attorneys Brian M. Clark of Wiggins Childs Pantazis Fisher & Goldfarb LLC in Birmingham, Darrell Cartwright of Cartwright Law Center LLC in Birmingham, and Allan L. Armstrong of Armstrong Law Center in Vestavia Hills, Alabama.
U.S. District Court for the Northern District of Alabama Southern Division Case number 2:16-CV-00837-JEO