We are thrilled to announce that Crosner Legal has successfully defeated a motion to compel arbitration in our ongoing fictitious pricing class action against Tempur Sealy. This victory is a testament to the hard work and legal acumen of our attorneys, Brandon Brouillette and Craig Straub, who led the charge in this crucial phase of the litigation.
Our clients, plaintiffs Harriet Genevieve Anyasulu and Alina Zhuravel, allege that Tempur Sealy engaged in deceptive marketing practices by advertising false sale prices on their website. The complaint describes how Tempur Sealy prominently displayed “35% off” sales with countdown timers, creating a false sense of urgency for consumers. However, it is alleged that these sales were not genuine, as the timers would reset, and the products were never actually sold at the purported regular prices.
The Arbitration Challenge
Tempur Sealy sought to move the case out of court and into private arbitration, arguing that the plaintiffs had agreed to their website’s terms of use, which included an arbitration clause. However, our team successfully argued that the plaintiffs were neither aware of nor assented to these terms.
The court agreed with our position, ruling that Tempur Sealy failed to prove that the plaintiffs had actual notice of the arbitration agreement. The court found that the design of Tempur Sealy’s website did not provide reasonably conspicuous notice of the terms, as the “Terms of Use” hyperlink was hidden in a tiny font at the bottom of the page, buried among other links, and could easily be overlooked by consumers.
Moreover, the court noted that Tempur Sealy’s website lacked any direct notification that clicking the “Place Order” button would bind users to the terms, including the arbitration clause. As a result, the court concluded that no agreement to arbitrate had been formed, and denied Tempur Sealy’s motion to compel arbitration.
A Significant Win for Consumers
This ruling is a significant victory not only for our clients but for consumers at large. It reinforces the importance of transparency in online agreements and ensures that companies cannot enforce arbitration clauses hidden deep within their websites.
We extend our heartfelt congratulations to Brandon and Craig for their exceptional work on this case. Their dedication to protecting consumer rights and holding companies accountable for deceptive practices is truly commendable.
Have You Been Misled by Deceptive Pricing?
If you have encountered similar deceptive pricing practices, we encourage you to reach out to our office to discuss your potential case. You can contact us at:
- Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills CA 90210
- Phone: (866) 276-7637 [CROSNER]
- Email: intake@crosnerlegal.com
- Fax: (310) 510-6429
Thank you for your continued trust in Crosner Legal as we continue to fight for consumer justice.
This blog post is intended for informational purposes only and does not constitute legal advice. Please contact us directly for any legal inquiries or concerns.