SAN FRANCISCO (Legal Newsline) – A California resident and New Jersey resident have initiated a lawsuit against Old Navy claiming its discounts and "reference prices" are false and misleading to consumers.
Anastasha Barba and Brenda Tripicchio, individually and on behalf all others similarly situated, filed a class action complaint July 18 in the San Francisco County Superior Court against Old Navy LLC, Old Navy (Apparel) LLC, Old Navy Holdings LLC, GPS Services Inc., The Gap Inc. and Does 1 to 20 alleging violation of California's Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law and violation of New Jersey's Consumer Fraud Act and Truth in Consumer Contract, Warranty and Notice Act.
The plaintiffs allege Old Navy "perpetrated a massive false discount advertising scheme" across all of its Old Navy products with its self-created list prices for items, which it represents as "regular" or normal prices. The plaintiffs allege Old Navy rarely offers the products at the list price.
"Old Navy invents inflated and fictitious list prices in order to enable it to advertise perpetual store-wide 'sale' events and product discounts to induce customers to purchase its products," the plaintiffs allege in their suit. "...Customers do not enjoy the actual discounts Old Navy represents to theme, and the products are not in fact worth the inflated amount that Old Navy represents to them..."
The plaintiffs seek restitution, a trial by jury and other just relief. They are represented by Daniel Hattis and Paul Lukacs of The Hattis & Lukacs Law Firm in Sacramento, California, and Stephen DeNittis and Shane Prince of The Denittis Osefchen Prince Law Firm PC in Marlton, New Jersey.
The case was removed by the defendants to the U.S. District Court for the Northern District of California on Oct. 25.
U.S. District Court for the Northern District of California case number 3:19-c-07032