The People of the State of California v. Yeezy Apparel LLC, Yeezy LLC
Published: Nov. 26, 2021 | Result Date: Nov. 3, 2021 | Filing Date: Oct. 22, 2021 |Case number: 21STCV38971 Settlement – $950,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Hoon Chun
(Office of the Los Angeles District Attorney)
Seza C. Mikikian
(Office of the Los Angeles District Attorney)
Matthew L. Beltramo
(Office of the Alameda County District Attorney)
Jennifer A. Haley
(Office of Napa District Attorney)
Matthew T. Cheever
(Office of the Sonoma County District Attorney)
Defendant
David J. Schindler
(Latham & Watkins LLP)
Facts
Yeezy Apparel, the company founded by entertainer, Kanye West (or Ye, the name West now goes by), sells high-end footwear and clothing. Its distinctive foam runners and slippers come in bold colors and shapes that resemble anything from clouds to small pets. Yeezy footwear can range from $200 to nearly $500. The products are sold online through its website: www.yeezvsupply.com. The State of California, with a handful of California district attorneys, filed suit against Ye's brand for false advertisement and disregarding the Mail Order Rule.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants shipping delays and false advertisement transgressed California laws. Specifically, defendants repeatedly violated Business and Professions Code Section 17538(a). This section requires that orders for goods or services placed over the internet must be shipped within 30 days, and if not must either send an equivalent or superior replacement, provide a refund or provide a written notice regarding the delay. Moreover, Yeezy Apparel has made untrue or misleading statements regarding its ability to ship its products within a certain timeframe, especially when customers paid additionally for expedited shipping. Finally, defendants also advertised goods for sale without disclosing logistical limitations to consumers in violation of state statutes.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions noting that certain situations, such as port issues or delays, are beyond its control.
Result
The case settled for $950,000.
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