OAKLAND – A Los Angeles consumer is suing an Emeryville website over claims that it knowingly deceives consumers into buying products that are posted as on sale, when the sales never expire.
James Knapp has filed a class-action lawsuit Feb. 16 in the U.S. District Court Northern District of California, Oakland Division against Art.com Inc. and Does 1 through 50, citing violation of the California False Advertising Law, California Unfair Competition Law, unjust enrichment and common law restitution.
According to the complaint, the plaintiff alleges that he was deceived into buying an item that was posted as a sale item on the defendants' website. The plaintiff holds the defendants responsible because they allegedly posted items on their website as "sale" items and that advertised that the sale would be ending soon, when in fact the site offers perpetual sales. Such allegedly deceptive actions by the defendants are meant for their own profit and caused damages to plaintiff and others, the suit states.
The plaintiff seeks the following: compensation for all damages, including injunctive relief prohibiting the defendant from engaging such actions in the future; reasonable attorney's fees, including legal fees and interest; and any other relief this court deems just and proper. He is represented by Aubry Wand of The Wand Law Firm in Culver City and Todd M. Schneider, Jason H. Kim and Kyle G. Bates of Schneider, Wallace, Cottrell, Konecky, Wotkyns LLP in Emeryville.
U.S. District Court for the Northern District of California, Oakland Division Case number 4:16-cv-00768-DMR