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Plaintiff alleges retailer's deceptive pricing scheme violates California law

SOUTHERN CALIFORNIA RECORD

Wednesday, January 29, 2025

Plaintiff alleges retailer's deceptive pricing scheme violates California law

State Court
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Ventura County Superior Court | Official Website

In a recent class action lawsuit, a California consumer has taken legal action against a New Jersey-based corporation for allegedly deceptive pricing practices on its website. The complaint was filed by Miltita Casillas in the Superior Court of California, County of Ventura, on January 16, 2025, targeting Charles Komar & Sons Inc., which operates as BedheadPJs.com.

The case revolves around accusations that the defendant advertises fictitious regular prices and corresponding phantom discounts on products sold through its website. This alleged practice involves fabricating fake "reference prices" to present actual prices as discounted when they are not. Such actions are claimed to be in violation of California Business and Professions Code § 17501, which prohibits advertising false former prices unless they were the prevailing market price within three months prior to the advertisement.

Miltita Casillas, a citizen of California, purchased an "Orchid Pink Long Sleeve Classic Linen PJ Set" from the defendant's website on December 24, 2024. The item was advertised at a "discounted" price of $103.50 compared to a strikethrough reference price of $138.00. However, Casillas asserts that this reference price was not the prevailing market price in the preceding 90 days and that similar misleading advertisements had been made as far back as August 6, 2024.

The plaintiff argues that these pricing tactics are intentionally deceptive and designed to mislead consumers into believing they are receiving substantial discounts. This deception is said to exploit consumers' perceptions of value and influence their purchasing decisions negatively. Citing scholarly research and previous court rulings such as Hinojos v. Kohl’s Corp., Casillas claims that misinformation about normal pricing is significant to consumers and impacts their willingness to buy.

The lawsuit seeks certification as a class action representing all individuals who purchased products from BedheadPJs.com at purported discounts while residing in California during the statute of limitations period. The plaintiff demands various forms of relief including legal, equitable, declaratory reliefs, attorneys’ fees, costs allowed by law, and any other appropriate remedies.

Representing Miltita Casillas is Pacific Trial Attorneys with Scott J. Ferrell and Victoria C. Knowles leading the charge for justice against these alleged unlawful business practices by Charles Komar & Sons Inc., operating under BedheadPJs.com. The case has been assigned Case No. 2025 CUM TOS7286 in front of Judge Alex Lopez.

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