Fashion Nova Lawsuit Alleges Retailer Advertises False Product Discounts Online

A proposed class action lawsuit alleges Fashion Nova advertises fake discounts online to deceive consumers into thinking they are reaping substantial savings on the retailer’s clothing and accessories.

According to the 33-page Fashion Nova lawsuit, the online retailer touts inflated “regular” prices and false discounts for products on FashionNova.com to create the illusion that shoppers are receiving limited-time savings on items that purport to have a higher market value than they actually do.

The class action suit contends that the apparent Fashion Nova discounts are misrepresentations because the merchandise is, in fact, perpetually on sale and never offered at the purported “original” price.

“By listing fake regular prices and fake discounts, Defendant misleads consumers into believing that they are getting a good deal and makes consumers overpay for the Products,” the case summarizes.

In practice, Fashion Nova lists items on its website with a bold, red “sale” price next to a product’s ostensible “regular” cost, falsely implying that the item was formerly sold at the “strikethrough” price before the limited-time offer began, the case relays. The retailer also pushes sitewide deals such as “40% Off Everything!” with a clock counting down until a sale supposedly ends, the complaint says.

The filing charges that these promotions are deceptive, as Fashion Nova’s sales do not expire, and its strikethrough prices do not truly reflect the regular prices most consumers pay. The promotions are designed solely to induce shoppers to hurry and buy now to take advantage of illusory limited-time savings, the Fashion Nova lawsuit alleges.

For example, during a “30-80% Off Sitewide!” promotion in October 2022, the retailer’s light-wash Weekend Sherpa Denim Jacket was touted as on sale for $48.99, a 30-percent discount from its purported original price of $69.99, the suit relays. A few months later, in March 2023, the jacket was listed for $28.98, nearly 65 percent off its apparent “regular” price, the case says.

The complaint summarizes that the jacket is always offered at a discount price and never actually sold for $69.99, as Fashion Nova misleads shoppers about the product’s actual market value.

“While there is nothing wrong with a legitimate sale, a fake one—that is, one with made-up regular prices, made-up discounts, and made-up expirations—is deceptive and illegal,” the filing says.

Consumers have been deceived and overcharged as a result of the inflated original prices and fake discounts listed on FashionNova.com, the false advertising lawsuit alleges. Shoppers would not have bought the retailer’s merchandise had they known the items’ savings value was overblown, the suit argues.

Fashion Nova has faced heat from the FTC, suit says

According to the case, Fashion Nova is no stranger to allegations of deceptive conduct. In March 2022, the Federal Trade Commission (FTC) ordered Fashion Nova to pay a $4.2 million settlement that resolved allegations that the company knowingly suppressed hundreds of thousands of negative product reviews on its website.

Before that, Fashion Nova was fined $9.3 million by the FTC in 2020 to settle claims that the retailer failed to ship orders on time and comply with regulations that required it to issue prompt refunds to consumers for unshipped merchandise, the filing relays.

“Despite these charges, Fashion Nova has continued its practice of making misleading representations about its products and prices,” the suit asserts.

Who’s covered by the Fashion Nova lawsuit?

The case looks to represent all United States residents who, before March 29, 2024 and within the applicable statute of limitations period, purchased one or more products advertised at a discount on FashionNova.com.

I’ve ordered sale items from FashionNova.com. How can I join the class action lawsuit?

Usually, you don’t need to do anything to join, sign up for or add your name to a class action lawsuit when it’s initially filed. If there is a class action settlement, the people covered by the deal—known as class members—will be notified of their rights and given follow-up instructions.

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