Wayfair: Charging Consumers a Higher Price than that Advertised – Canada Consumer Class Action

Case name

Wayfair Pricing Class Action;

Quebec Superior Court file #

500-06-000809-166;

Violations

Plaintiff alleges that Wayfair LLC repeatedly violates paragraph c of section 224 of Quebec’s Consumer Protection Act, by charging a higher price than that advertised for their products. Indeed, Wayfair admits publicly that “pricing errors” occur on their websites 5 to 10 per week! Plaintiff further alleges that Wayfair fails to fulfill its obligations under sections 16 and 54.1 of Quebec’s Consumer Protection Act, by cancelling consumers’ orders and refusing to deliver goods validly purchased by consumers.

Proposed Class

All persons in Canada (subsidiarily Quebec) who, since September 12th, 2013 (the “Class Period”), ordered or purchased any goods from Wayfair LLC and/or its affiliated brands, including Wayfair.com, Wayfair.ca, Joss & Main, DwellStudio, AllModern, Birch Lane and Wayfair Supply (hereinafter “Wayfair”), and who, after receiving a confirmation of their purchase from Wayfair at the price which Wayfair initially advertised, subsequently had their purchase cancelled by Wayfair, who did not respect the price it initially advertised.

Remedies sought for consumers

  • Compensatory damages for the “lost value”, being the difference between the replacement cost and the Advertised Price by Wayfair;
  • Punitive damages in an amount to be determined.

Status

Pending Authorization hearing

Join This Class Action

By | 2017-06-22T08:41:01+00:00 October 7th, 2016|Settlements|Comments Off on Wayfair: Charging Consumers a Higher Price than that Advertised – Canada Consumer Class Action