Saks Off 5th Settlement Ends Class Action Lawsuit Over Alleged False Discount Scheme

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A settlement has been reached to resolve a proposed class action lawsuit that accused Saks Off 5th of engaging in an unlawful false discounting scheme with respect to merchandise sold in the retailer’s stores and on its website.

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The official website for the Saks Off 5th class action settlement can be found at NunezSaksOff5thSettlement.com.

The settlement agreement with the retailer covers anyone who, between January 1, 2011 and November 1, 2024, purchased one or more Saks Fifth Avenue-branded products at a Saks Off 5th store in California, online on SaksOff5th.com or any other website currently or previously redirecting to that page, or on any Saks Off 5th mobile apps, with bill to or ship to addresses in California at a discount from the advertised “market price” and has not received a refund or credit for the purchase during that period.

The deal with Saks Off 5th will provide eligible class members with one merchandise certificate per person for up to $20 off future purchases in-store or online at SaksOff5th.com, the settlement website says.

According to the site, consumers who received a settlement notice via email informing them about the deal do not need to do anything to get their merchandise certificate.

Class members who did not receive an email notice must submit a valid claim form with proof of purchase by March 16, 2025.

Consumers can file a Saks Off 5th claim form online on this page or download a PDF claim form to print and return by mail.

Per the settlement website, certificates for those who did not receive an email notice may be reduced on a pro rata basis should the value of the submitted claims exceed the $1.5 million cap established under the settlement agreement.

Merchandise certificates will not expire and will be reusable, transferable and stackable with other promotions, the site states. However, they may not be combined with another certificate from the class action settlement, the website adds.

The Saks Off 5th settlement was preliminarily approved by the court on November 1, 2024. It is now up to the court to determine whether to grant final approval to the terms of the deal at a hearing scheduled for April 18, 2025. Saks Off 5th settlement rebates will be issued to eligible class members only if the deal receives ultimate court approval, and after any appeals are resolved.

The Saks Off 5th lawsuit claimed the retailer violated a handful of California laws by advertising product discounts that misled consumers into thinking they were getting a bargain on their purchases. The class action suit alleged that the deep discounts on the items’ purported “market price” were a “total fiction,” as, per the case, the Saks Fifth Avenue-branded merchandise is perpetually on sale and never actually sold at the original price.

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