• Home
  • About Us
  • Contact
  • Advertise
  • Awards
  • Privacy Policy
  • Twitter
  • Facebook
  • RSS
TheDomains.com

Overstock Sued By 7 California DA’s “For At Least $15 Million” For Misleading Consumers

November 20, 2010 by Michael Berkens

Overstock.com has been in the domain news quite a bit recently for its acquisition of o.Co as well as considering changing all of its non-US sites to o.Co.

Overstock was back in the news yesterday, but the news was not good.

A group of 7 district attorneys in Northern California filed a 33-page complaint in Alameda County Superior Court late Wednesday, arguing that Overstock.com should pay a minimum of $15 million in fines and restitution for “routinely and systematically” making untrue and misleading claims about the prices of its products.

The lawsuit cites an example where Overstock allegedly advertised a patio set for $449.99 and claimed that the “List Price” for the set was $999. But when the furniture was received by the customer it had a Wal-Mart sticker showing the price to be $247.

The complaint accuses Overstock of often making up “list prices” and “compare at prices.”

“In our opinion, this conduct constitutes untrue or misleading advertising, and legal action is necessary to protect our consumers from such practices,” District Attorney Dolores A. Carr. said in a statement.

“Overstock.com stands by all our advertising practices, including providing comparison values which we thoroughly explain on our site,” Jonathan Johnson, President of Overstock.com said in a statement. “We have been singled out for standard industry practices, which we look forward to demonstrating in court.”

Last week Overstock reported earnings which were well below estimates reporting a Q3 2010 $3.381 million loss, $0.15 per share compared to a Q3 2009 reported loss of $1.379 million or a loss of $0.06 per share.

Overstock.com’s reported loss of $0.15 per share was five times greater than analysts’ expectations of a $0.03 per share loss.

Shares of Overstock.com tumbled $2.46 per share or 15.5% lower to close at $13.41 per share after reporting earnings, however shares of Overstock actually closed up $.25 at $13.86 after the news of the lawsuit in trading on Friday.

Filed Under: Internet News

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

« AllThingsD: Is Google Going To Buy Groupon.com For $3-$4 BILLION Dollars?
Sedo Blacklists Generic’s While Holding Auctions For Trademark Infringing Terms »

Comments

  1. einstein says

    November 20, 2010 at 2:32 pm

    ‘Everyone’ does it, but I’m glad they’re cracking down.

    The MSRP have gotten ridiculous

  2. Shane Cultra says

    November 20, 2010 at 4:27 pm

    As I saw all the excitement over Overstock and their purchase and branding of O.com all I could do is cringe. It is as close to the old dot com bubble as you get. A failing company with no hopes of profit trying to take away the focus on the bottom line by trying to appear trendy and cool. They have virtually no chance of turning a profit in the near or long term and they spent money on o.co they should have put towards other segments of their business. It’s like rebuilding a perfectly good sign when your storefront is falling apart.

  3. DomainsPriceWorldRecord.com 99.9% OFF says

    November 20, 2010 at 5:07 pm

    off topic … the GoDaddy x.co short-URL service seems, disappeared from the web

  4. emjohn says

    November 20, 2010 at 5:18 pm

    This is a pervasive practice. They are just making an example of Overstock. Not really earth-shattering.

  5. MHB says

    November 20, 2010 at 5:22 pm

    Emjohn

    Not earth shattering unless millions of people that weren’t aware of this practice are aware of it now

  6. emjohn says

    November 20, 2010 at 5:32 pm

    MHB,

    True. I guess there are a lot of people that wouldn’t know. I guess something should be done to rectify the situation. People like me have, unfortunately, accepted it as a fact and something quite difficult to monitor.

    Shane,

    Overstock reported for the first two quarters of this year:

    Net income was $2.38 million compared with a net loss of $3.6 million in the prior year.

    It appears their income has been fluctuating. I don’t quite understand what you mean by “they will never make a long-term profit”. That’s a REALLY speculative statement.

  7. einstein says

    November 20, 2010 at 5:45 pm

    There’s also a moron spammer that has the “DomainsPriceWorldRecord.com 99.9% OFF” or the greatest deal of all time. Instead of totally wasting $16,000,000 on a totally useless name, now you can buy it for $16,000+.

    What a deal!

  8. Richard says

    November 20, 2010 at 6:33 pm

    einstein, I’ll go half on that with you. 🙂

  9. Shane says

    November 20, 2010 at 10:45 pm

    I agree my statement is both opinionated, speculative and probably not true. I’ve been following them for many years and I seem to always be disappointed with their results. My final straw was when Patrick Byrne accused all the hedge funds of picking on his stock when the big O became one of the most shorted stocks in all of trading (I was one of those guys that was short) . It’s no longer heavily shorted and revenues have improved. I guess I just don’t like Byrne.

  10. Einstein says

    November 20, 2010 at 11:11 pm

    Shane,
    that manipulation with stock happens that much is clear, just ask Jim Cramer that was stupid enough to admit to doing it on tape. See
    seekingalpha*com/article/30257-jim-cramer-admits-to-stock-manipulation-when-at-hedge-fund
    The same happened with SIRI and quite a few other stocks.

    Why are you mad at Byrne? You are a short, he and many other are /were long on the stock. Kinda dumb of you to get mad at a large shareholder /CEO for that, especially if he had some evidence. Let the stock e priced without naked shorting, rumor spreading and other tricks.

    We’re off topic but naked shorting should be illegal, that’s why I was happy as hell when many hedge funds got BURNED with Porsche to the tune of billions of dollars.

  11. James says

    November 21, 2010 at 4:49 am

    In the UK now, companies advertise ‘discounts’ on products which are new to them. For instance, they might be having a pre-xmas sale on a range of sofas with a sticker price of ‘half price – just£999’ – the small print which is flashed onto the bottom of the screen says ‘after-event price £1999’. Of course ‘after-event’ you couldn’t get one anyway as they don’t stock them. They’re claiming ‘half price’ for an item they never sell for ‘full price’ except on paper – I’m sure they’d claim 90% off ‘after-event price £10k’ if they could get away with it.

  12. anonomous says

    December 3, 2010 at 7:44 pm

    If you didn’t already know overstock doesn’t actually have stock! It’s all distributors, they make you say its from overstock to protect that image. It’s all a bunch of BS, but what’s funny is they always manage to sell the product for more than most online dealers, then they rake in the difference.


Recent Articles

  • Dynadot increasing auction deposits
  • Rick Schwartz AiReviews.com deal sets off a flurry of AiReview related domain registrations
  • Sedo weekly domain name sales led by Diffs.com

Recent Comments

  • Raymond Hackney on Rick Schwartz weighs in on the second Coinbook.com auction
  • James K. on Rick Schwartz weighs in on the second Coinbook.com auction
  • Jose on Rick Schwartz weighs in on the second Coinbook.com auction
  • Rick Schwartz on James Booth is a bit miffed by those shitting on the .ai extension
  • brad on James Booth is a bit miffed by those shitting on the .ai extension

Categories

Archives

Copyright ©2025 TheDomains.com