Shopped at Torrid?
You may have a claim that entitles you to monetary compensation.
IF YOU PURCHASED AN ITEM AT TORRID THAT WAS ADVERTISED FOR A DISCOUNT, YOU MAY QUALIFY.
Retailers very frequently offer their products at a “sale” price. When the sale is legitimate the consumer benefits. However, sometimes companies offer sales that are not legitimate. They offer a product at a discount from a reference price at which the company rarely if ever sold that product. This “fake” discounting tricks the customer into either buying products they otherwise would not have purchased out of fear of losing out on the “sale,” or worse yet, sometimes it causes them to pay more for a product than they should have paid. When this happens, retailers generate millions in revenue at the expense of their customers. We can investigate and assess whether that was the situation with your purchases of products that appeared to be “on sale.”
Attorneys at Lynch Carpenter LLP have been at the forefront of litigating false reference pricing claims across the country for over a decade. Our cases have resulted in numerous reported decisions that have shaped the legal landscape for false-discount matters. Because our successful and extensive legal work has, in essence, written the law, we know it very well. We have recovered millions of dollars for consumers victimized by false discounting practices, and if you have been a victim we can help you too. We will investigate the facts of your case and advise you on the potential for recovery. If necessary, we will bring your case in an individual arbitration, along with a group of other customers who have had the same experience as you.
First Let’s Start With Arbitration – What is it?
Arbitration is a process used by parties to resolve disputes in a private and confidential setting instead of going to court. There is no jury and no courtroom. The hearing on your case is often done in a conference room and sometimes even remotely. The arbitrator who makes the decision can be a retired judge, a practicing lawyer, and sometimes not even a lawyer at all.
Why Are You “Required” to Arbitrate?
Companies typically require consumers to agree to an arbitration provision as a condition of buying their products or using their services. It is often buried in the Terms and Conditions on their website. They make you agree to arbitrate any disputes you might have, which means you waive your right to sue them in court. Companies often include other terms that limit your ability to participate in a class action in the event you are harmed in some way by their products, services, or business practices. All of these conditions make it harder for the consumer, which means the company faces fewer claims.
So what is “Mass” Arbitration?
Mass arbitration is a legal process that offers a large number of consumers (the “Mass” in Mass Arbitration) a different way to resolve disputes as a group, while at the same time abiding by the terms which the company forced you to agree to at time of purchase.
A mass arbitration usually involves one or a small group of law firms filing hundreds and sometimes thousands of individual cases in arbitration involving the same or similar claims. The claims are filed at the same or close to the same time which means the company has to respond to them at once, making it more likely that the company can be held accountable for unlawful behavior.
Is Arbitration the same thing as a Class Action?
No it is not. Although both arbitration and class actions are designed to settle disputes, they have some key differences that are important for you to know.
The biggest difference involves the way arbitrations and class actions start. In arbitration, consumers file their own individual arbitration claim. On the other hand, in class actions, only the “lead plaintiff,” i.e. the person whose name is attached to the lawsuit, files a lawsuit in court, and then that person represents the larger group.
Other important differences include their levels of confidentiality and appealability. Because arbitrations are private proceedings, they are typically less formal, and they are confidential. Class actions, however, are litigated in open court and the proceedings are therefore public. In arbitration, the arbitrator’s decision is final with no right to appeal of your case. By contrast, in a class action, the court’s decision is typically appealable by members of the class. Finally, while the decision in a class action case applies to all members of the class, in arbitration, each individual case is litigated on its own merits and is generally unaffected by what happens in another case.
What is expected of me?
Because we would file an individual arbitration on your behalf, we will need your contact information so we can reach you with case updates. You should also expect to provide us with information about your experience with the company, like receipts and other documents that were part of your transaction(s) with them. In some cases, you may have to testify at a deposition or attend the hearing on your case in order to get a decision from the arbitrator, but those things will depend on the particular circumstances of your individual arbitration.
