The Toppe Firm is helping individuals pursue individual claims in arbitration against Omaha Steaks related to their allegedly deceptive marketing practices. The claimants allege that Omaha Steaks frequently sends emails with false or misleading information in the subject lines, in violation of state consumer protection laws. For example, Omaha Steaks has repeatedly represented to consumers that it is their “LAST CHANCE” to obtain a particular promotion. In reality, the claimants allege that it is almost never the last chance to obtain a specific deal, as Omaha Steaks products are always listed at 50% off, and the “free” products they offer are always offered. The claimants allege that these types of representations are false because, in many instances, it was not the consumer’s last chance to obtain the deal. The claimants allege that Omaha Steaks always planned the sale to continue beyond the represented end date, and the advertised extensions were fake and used to create a false sense of urgency in order to drive sales.

The claimants also allege that emails offering “free” products (i.e. “16 FREE burgers”) were also false and misleading, because in every instance, the consumer would have had to make a significant and undisclosed minimum purchase in order to get the “free” products promised in the email subject lines.

Finally, the claimants allege that Omaha Steaks products are always on sale for 50% off, which means that the products are never actually discounted. And so, claimants who purchased products at 50% off allege that they did not actually get 50% off of their purchase.

There are specific consumer protection laws in various states that prohibit a business from making these types of allegedly false and misleading statements in email subject lines, as these types of statements have the capacity to deceive consumers. The claimants are seeking $500 in statutory damages per unlawful email, and statutory and punitive damages for the alleged fake sales.

Omaha Steaks customers who wish to pursue a claim should contact Jeffrey C. Toppe at jct@toppefirm.com or submit the form on this page.