Class Action Alleges NectarSleep.com Advertises False Discounts, Misleading Limited-Time Offers

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A proposed class action accuses Nectar Brand LLC of unlawfully advertising products on its online store with misleading limited-time offers and fake discounts based on false “original” prices.

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The 23-page lawsuit claims that in violation of state law, the California-based company—which sells bedding, mattresses, bedroom furniture and other sleep-related products—has advertised on NectarSleep.com false limited-time promotions that, in truth, never expire. The defendant misleads consumers into believing they are getting a limited-time discount when, in fact, the products are perpetually on sale and never sold at the regular “strikethrough” price, the suit alleges.

“While there is nothing wrong with legitimate sales, fake sales that include made-up regular prices, made-up discounts, and made-up expirations are deceptive and illegal,” the case charges. “[Nectar’s] supposed ‘sales’ are just that—fake, deceptive, and illegal.”

For example, the company frequently promotes a sitewide 33-percent discount with a prominent timer counting down to the end of the deal, which is set to expire at midnight, the complaint explains. However, the purported sale never truly ends, as every day a new timer appears on the home page counting down to midnight, the filing claims.

The lawsuit contends that even after a sale purportedly ends, it is “immediately replaced by a different sale offering comparable discounts or [Nectar] simply restart[s] the timer and begin[s] the countdown to a false end date.”

In addition to using “fake timers that countdown fake limited time sales,” Nectar displays a 10-minute timer at checkout that reads, “Hurry! Your order is reserved for 10:00 minutes,” the suit shares.

“This ten-minute countdown timer effectively rushes unwitting consumers, like [the plaintiff], to usher through the check out process as fast as possible, requiring that contact information, shipping address information, and payment information, and a final consent to the order being processed all be completed within a ten-minute time frame,” the case argues.

The complaint alleges that the ten-minute timer at checkout is “just another ruse” designed to “manipulate consumers into finalizing a purchase of a mattress without second guessing, comparison shopping, or considering any of [Nectar’s] hidden terms and conditions.”

The plaintiff, a California resident, says she bought a mattress on NectarSleep.com because she believed it was on sale for a limited time and that she was getting a significant discount on the original price. The woman claims she would not have bought the product had she known it was not on sale and that she was, in fact, paying full price.

The lawsuit looks to represent anyone in California who purchased a product advertised at a discount on NectarSleep.com at any time in the past four years.

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