LuLaRoe is facing its second class action lawsuit in under two months. Following a suit filed in February alleging that the womenswear retailer’s point-of-sale system improperly charges customers sales tax, an unrelated lawsuit has been filed in United States District Court for the Northern District of California. Plaintiffs Julie Dean and Suzanne Jones claim that the brand has been advertising and selling defective leggings.
According to the complaint, LuLaRoe’s products are sold through “Fashion Consultants (also known as ‘Fashion Retailers’ or ‘Independent Retailers’), who buy the Products from [LuLaRoe] at wholesale, and then sell them to consumers through in-home and online ‘boutiques.’”
Dean and Jones assert that thousands of unsatisfied LuLaRoe customers have taken to Facebook and other forums to complain about the brand’s leggings, which are “of such poor quality that holes, tears, and rips appear before wearing, during first use or shortly thereafter. The leggings have also been described as tearing as easily as ‘wet toilet paper.’”
In their suit, Dean and Jones accuse LuLaRoe of unfair, unlawful, and fraudulent business practices in connection with the defective products, namely for misrepresenting the quality of the products, and failing to disclose the unfit and defective nature of the products in an “immoral, unethical, oppressive, unscrupulous, or substantially injurious” manner.
Furthermore, they accuse the retailer of violating the California False Advertising Law and the California Consumers Legal Remedies Act, breach of implied warranty of merchantability, breach of express warranty, and unjust enrichment.
In a statement to Buzzfeed News, LuLaRoe responded to the suit, saying, “We categorically reject the fabricated and exaggerated claims of this suit in the strongest terms and believe it is completely without merit. We stand by the quality of our products and are committed to ensuring consumers are fully satisfied. We are confident we will be able to fully refute these allegations."
We will have to wait and see if the court rules that this explanation as sufficient, or if better disclosures and damages are due to customers.
In addition to seeking class action certification, which would allow similarly situated parties to join in the lawsuit, Dean and Jones’ suit asks for “monetary damages, restitution, injunctive and declaratory relief” from the company and its founders, DeAnne Brady and Mark Stidham,
* The case is JULIE DEAN and SUZANNE JONES, on behalf of themselves and all others similary situated v. LULAROE, LLC; LLR, INC.; DEANNE BRADY; and MARK STIDHAM,Civil Action No. 3:17-cv-01579-JCS (N.D. Cal.).