Some customers allege that Original Penguin sent promotional emails with subject lines designed to create urgency by stating or suggesting that sales or discounts were ending, in their final hours, or available for a limited time only. When these emails were received, some customers claim that Original Penguin later sent follow-up emails indicating the same or substantially similar promotion had been extended or was still available—directly contradicting the original deadline message. Additionally, some customers allege that Original Penguin sent emails advertising sitewide sales or promotions covering “all items” in broad product categories, only to later discover that the sales actually excluded numerous products or categories. The claims allege that this conduct was misleading and deceptive under state consumer protection laws and commercial email laws in multiple states
If you believe you qualify, complete the form to learn whether you may be eligible to pursue a claim.
- Age Requirement: You are 18 years or older.
- Original Penguin Customer: You personally received promotional or marketing emails from Original Penguin (Perry Ellis International, Inc. or Perry Ellis Menswear, LLC, d/b/a Original Penguin) within the past 3 years.
- Email with Misleading Subject Line: At least one of the emails you received had a subject line stating or suggesting that a sale, discount, or promotion was ending soon, available for a limited time, in its final hours, or “today only”—or you received emails claiming a promotion was “sitewide” or applied to “all items” in a broad category that you later discovered included exclusions.
- State Residency: At the time you received these emails, you were a resident of California, Florida, District of Columbia, Indiana, Kansas, Maryland, North Dakota, or Washington.
If you believe you have been impacted, here’s what you can do:
- Gather Your Information: Collect any emails you received from Original Penguin with the subject lines described above. Screenshots of the subject lines, the sender’s email address, the date received, and any follow-up emails are helpful. You may also want to save any order confirmations or receipts if you purchased items based on these emails.
- Recall Your Experience: Be ready to provide the email address(es) where you received Original Penguin promotional emails, your home address at the time you received them, and an estimate of how many such emails you received (for example, 2–5, 6–10, or more than 10).
- Complete the Form: If you believe you qualify, complete the form and submit your information to learn if you may qualify to pursue compensation.