Class Action Lawsuit Targets JCPenney For Deceptive Pricing of Their Original Brand
The first of the major resolutions that the JCpenney class action lawsuit has shown to resolve is that they have settled the claim brought forth by the Rolleifem factory. The manufacturer of the Magicka Eye Cream had settled the claims brought forth against them for their use of lead in their formulas. The company’s environmental suits were being investigated by the U.S. FDA and in the past their primary component dioxane was banned by the European Union.
This resolution also resolved another claim form which is called the “potential award” form.
This is a form which permits the manufacturers to be able to settle claims for an amount of money that would not exceed an average cost of ten dollars for each individual product. The bottom line with this form is that the companies are allowed to make as much money off of these potential buyers as they can. While the potential award may never become an actual settlement, this form is still one that any person who is interested in pursuing should see. If a potential award does reach an amount of money that is greater than ten dollars, then the manufacturer is required to settle the entire amount of the claim form.
The final resolution that the Class Action Lawsuit has shown is that they have reached an agreement with JCPenney in regards to an offer to settle their claims for an amount less than fifty percent of what they are owed.
The settlement offer is a non-taxable, perishable, and non-atable offer which will only last for three years. This is good news for the plaintiffs because if it reaches an amount greater than ten thousand dollars then the manufacturers are obligated to reimburse all plaintiffs who are over ten thousand dollars in liability. This tax break could possibly be the main reason that the entire class action lawsuit is being pursued.
One other thing that the Class Action Lawsuit showed was that JCPenney was in direct violation of the Fair Debt Collection Practices Act.
Under the Fair Debt Collection Practices Act, they are prohibited from sending unsolicited text messages and making use of recorded voice messages for the purpose of collecting debts. These text messages and recorded voice messages are defined as “a message that contains a reasonable demand for the information”. They also must inform the recipient that the message was unsolicited before collecting any monies from that person.
The Class Action Lawsuit also claimed that JCPenney was in violation of anti-spam laws by sending text messages to their customers and urging them to buy something from their retail store.
They were also found in violation of the Florida Spam Law because they sent text messages promoting discounts on their products through email to customers who did not even exist or lived outside the United States. The Class Action Lawsuit further alleged that JCPenney failed to disclose that the emails were unsolicited texts and that they were sent in violation of Florida statutes. This Class Action Lawsuit was filed against JCPenney in Florida state court and was ruled in favor of the plaintiffs.
This Class Action Lawsuit was brought by Paula C. Cavlovic, who is a resident of Jacksonville, Florida.
Her son is a student at a Florida high school and as a parent she is deeply concerned with the deceptive marketing practices of her son’s school. Paula C. Cavlovic has been an active member of the Jacksonville citizens’ forum and was active in helping to bring this Class Action Lawsuit to the attention of the Jacksonville community. She now hopes to have an actual judgment in order to force JCPenney to stop their deceptive pricing and to restore their tarnished reputation in the Jacksonville area.