Sleep Number Lawsuit Alleges ‘Perpetual’ Sales Are Misleading to Consumers

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A proposed class action lawsuit alleges Sleep Number Corporation’s sales are anything but, given that the company has frequently sold mattresses below the advertised strike-through price for periods of 90 days or more.

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The 25-page false advertising suit accuses Sleep Number of intentionally misleading consumers as to the quality and value of the mattresses it sells online and in brick-and-mortar stores by way of deceptive pricing tactics. In particular, Sleep Number has utilized “inflated, fictitious reference prices” online and in stores that serve to deceive consumers into believing they are receiving a bargain, the filing alleges. 

“In short, Defendant’s sales tactics are not offered in good faith and are made for the sole purpose of deceiving and inducing consumers into purchasing products they otherwise would not have purchased,” the Sleep Number lawsuit claims. 

The case says that one method used by Sleep Number to deceive consumers is highlighting a fake strike-through price that’s accompanied by a purported discount amount, with a lower purported sale price posted next to the fictitious reference price. Sleep Number will additionally warrant to consumers that they benefit from receiving “X% off” should they buy a mattress at its purported sale price, the filing mentions.

According to the complaint, California law mandates that a former price can only be advertised if it was the prevailing market price within the three months preceding the advertised sale. The Federal Trade Commission likewise has directed sellers to steer clear of touting products as on sale from a purported former price without the item having been actually offered for sale for the apparent reference price for a reasonably substantial period of time, the case relays. 

“Defendant did not sell its Products at the advertised strike-through price and had not done so for at least 90 days when Plaintiff made her purchase, but it was likely doing so for much longer,” the suit claims, alleging Sleep Number employs the same deceptive pricing tactics for all its mattress products. 

The Sleep Number lawsuit looks to cover all consumers nationwide who bought any Sleep Number mattress within the applicable statute of limitations period.

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