Class Action Accuses Furniture Retailer Poly & Bark of Advertising Fake Discounts Online [DISMISSED]

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A proposed class action alleges Poly & Bark’s business model relies on advertising fake and misleading sales on its website to trick customers into buying furniture and home décor.

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The 38-page lawsuit—filed against Poly & Bark owner Geshem LLC—says PolyAndBark.com represents that nearly all its products can be bought at a discounted rate using an automatically or manually applied coupon code. However, the case claims these items are rarely, if ever, sold at their purported regular, or reference, price.

According to the filing, the online retailer lists its furniture and home décor with false reference prices to deceive consumers into believing they are receiving a good deal and induce them into making a purchase.

The suit notes that part of Poly & Bark’s alleged pricing scheme involves prominently displaying on the website’s landing page sitewide sales where products are supposedly marked down by a specific percentage or dollar amount for a limited time.

“[W]hen one sale expires, another similar sale is promptly instituted, or the sale never ends,” the complaint contends. “This cycle continues over and over.”

The company also falsely advertises products on their individual pages with a higher regular price and a lower discounted price accompanied by “Save $__” or “$__ off,” the case claims.

The lawsuit further alleges that Poly & Bark’s false reference pricing causes consumers to overpay for its products because the tactic artificially increases demand, and by extension, the price of an item.

The plaintiff, a California resident, says she bought stools from PolyAndBark.com in January 2023 that are still being offered on sale as of this month. The woman argues that she would not have paid as much for the items, or purchased them at all, had she known they were listed at a fictitious bargain price.

The Poly & Bark fake sales lawsuit looks to represent anyone in California who, during the applicable statute of limitations period, purchased one or more items from PolyAndBark.com at a discount from a higher reference price.

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