The complaint alleges that Staples engaged in a deceptive scheme whereby it purported to offer and provide to Plaintiff and the Class—as Staples Rewards Program Members (“Members”)—credit for a certain percentage of his/her/their total Qualifying Purchase Amount (“Rewards Points”) for purchases made during the applicable calendar quarter when, in fact, Members received credit in amounts far less than the represented percentage of their Qualifying Purchase Amount.
Specifically, Staples took affirmative steps to ensure that its Members received Program credit at rates well below the percentage represented of Purchase Amount by applying coupons used on exempted items (i.e., items that do not constitute as a “Qualifying Purchase”) on a pro rata basis across all purchases made—including “Qualifying Purchases” which should be added in their entirety to a Member’s quarterly total Qualifying Purchase Amount causing them to accrue fewer Rewards Points than represented. By employing this deceptive method of calculating Rewards Points, Staples shorted its Members’ account credit which could have been used towards the purchase of most merchandise in Staples’ stores, online at staples.com, or by phone.
Staples engaged in, and continues to engage in, an egregious misleading and deceptive practice designed to take advantage of its Members. Per the Staples Rewards Program and Conditions (the “Program”)that were in effect when Plaintiff made his purchase (annexed hereto as Exhibit B), “Members’ accounts will receive credit for Qualifying Purchases . . . made during the applicable calendar quarter if the Reward minimum . . . is met. Qualifying Purchase Amount is the amount paid at checkout after application of all promotions, coupons and Rewards redemption.” It is simply unfair and deceptive to apply coupons redeemable only for non-qualifying purchases under the Program on a pro rata basis across all purchases made in the same transaction—including merchandise qualifying under the Program. Indeed, Defendant’s sale receipts conceal this practice and apply coupons only to a single item—the item for which the coupon applies. This practice violates statutory and common law.