Class Action Lawsuit Alleges Eloquii Advertises Fake Product Discounts Online
Broomes v. FullBeauty Brands Operations, LLC
Filed: June 13, 2024 ◆§ 3:24-cv-03558
A class action claims Eloquii has advertised products online with false perpetual sales that “lure” consumers with the promise of huge discounts.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action lawsuit claims plus-size clothing retailer Eloquii has advertised products online with false perpetual sales that “lure” consumers with the promise of significant discounts.
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The 36-page false advertising lawsuit contends that the company behind the online retailer, FullBeauty Brands Operations, has for years artificially inflated its reference prices to mislead customers into believing they are getting substantial bargains on products sold on Eloquii.com. The advertised discounts are misrepresentations, the suit alleges, as the retailer “rarely, if ever,” sells the merchandise at the purported former or regular prices featured online.
As the case tells it, Eloquii lists items on its website with prominent “sale” prices or discount percentages in bold red text displayed next to the products’ strikethrough, or original, prices. The retailer also promotes sitewide sales and certain limited-time deals, the complaint says.
The filing contests that the discounts—particularly the time-sensitive deals—are illusory because “when one sale expires, another similar sale is promptly instituted, or the sale never ends.”
“This cycle continues over and over,” the Eloquii lawsuit charges.
The California plaintiff says she has purchased numerous products from the website, including a faux leather jacket that was listed at $74.97, purportedly on sale from $149.95. The suit asserts that, as of May 2024, several years after the plaintiff’s purchase, the jacket is still advertised with a similar discount off the alleged “original” price.
According to the case, Eloquii’s deceptive practices are a violation of California law and federal pricing regulations set forth in the Federal Trade Commission Act.
The lawsuit looks to represent anyone in California who purchased one or more items from Eloquii.com at a discount from a higher reference price within the applicable statute of limitations period.
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