James Waldron and Matthew Villani filed the complaint on behalf of themselves and others who bought Jos. A. Bank merchandise from April 5, 2006, to the present. The lawsuit asks the court to award damages and stop the retailer from using misleading advertising.
According to the lawsuit "the merchandise is perpetually 'on sale,' and the 'sale price' is actually the price at which Jos. A. Bank regularly offers their merchandise for sale," the lawsuit says. It adds that the merchandise was "rarely, if ever, sold at 'regular price'" and that advertisements created a false sense of urgency and gave the impression that prices would rise after a limited time.
Both plaintiffs, who are from New Jersey, said they wouldn't have made purchases at Jos. A. Bank if they had not been swayed by the company's advertising, which they say violates the New Jersey Consumer Fraud Act.
"Jos. A. Bank should not be allowed to retain the premium price profits generated from the sale of products that were unlawfully marketed, advertised and promoted," the lawsuit says.
The men' clothing retailer has 500 stores nationwide.