Jos. A. Bank Clothiers is being targeted by a class action suit that alleges the men’s clothing chain’s claims of constant sales are misleading.

“Jos. A. Bank misrepresented their merchandise as being offered ‘on sale’ at a discounted price… when, contrary to this representation, the merchandise is perpetually ‘on sale,’” says the complaint, filed April 5 by plaintiffs James Waldron and Matthew Villani in the U.S. District Court for New Jersey. “Indeed, it appears that nearly all Jos. A. Bank merchandise was sold at a ‘sale price’ during the Class Period and that merchandise was rarely, if ever, sold at ‘regular price.’”

“Consumers are misled into believing that the ‘sale’ is a limited time event,” the suit continued. “However, there are no ‘final days’ to sales offered by Jos. A. Bank, as the Company places merchandise back ‘on sale’ immediately after a given sale ends.”

It also claims that the company’s special offers to Elite and Corporate Card members, billed as not being available to the general public, are in fact standard sale prices.

The suit, which seeks class action status, charges the company’s advertising practices violate the New Jersey Consumer Fraud Act and constitute unjust enrichment. It seeks unspecified damages. The full complaint can be seen here.

Jos. A Bank could not be reached for comment at press time. But in its March 30 filing with the SEC, the company said, “We intend to defend this lawsuit vigorously.”

JCK