BROOKLYN, N.Y. (Legal Newsline) – A group of consumers has filed a lawsuit against a clothing and accessories company described in the suit as having clothing "evocative of New England chic, crossed with a Kenny Chesney concert, layered with pastels" over allegations its outlet pricing is misleading.
Annemarie Casio, Craig Moskowitz and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on Sept. 9 in the U.S. District Court for the Eastern District of New York against Vineyard Vines LLC alleging negligent misrepresentation, breach of express and implied warranty and breach of the Magnuson-Moss Warranty Act, fraud and unjust enrichment.
The plaintiffs allege that the defendant's outlet and retail products, despite their similarity in appearance and classification, are misleading in pricing as the outlet products' pricing does not truly display the real suggested retail price identical to the price for the comparative product in the retail store.
The plaintiffs allege the "invented price disparity" induces customers to purchase the outlet products and creates a feeling of savings, and increases the consumers' likelihood to purchase the product.
The plaintiffs also allege consumers are led to believe that the outlet products are identical to the retail products without being informed that the products come from different manufacturing batches and are of lower quality than the true retail products.
The plaintiffs are seeking a trial by jury, monetary damages, punitive damages, attorneys' fees, court costs, interest and just relief. The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and Michael R. Reese of Reese LLP in New York City.
U.S. District Court for the Eastern District of New York case number 2:19-cv-05135