Investigation of Wines 'Til Sold Out
Giskan Solotaroff & Anderson LLP has filed a complaint against Wines 'Til Sold Out (wtso.com) for deceptive pricing practices, most notably an inaccurate or fabricated “original price” of the wine being offered for sale as compared to the so-called and supposedly discounted price at which the site is offering the wine for sale. Possible examples include wines named Iron Door, Pruet, Herringbone, Shadowood, Curlew, Mockingbird Hill, Canyon Creek Winery, Bell Canyon Cellars, Clifford Bay, Kingsford Manor, John William Vineyards, as well as many other wines that do not seem available except on the website. Most of these wines are reviewed by Jonathan Newman (and no one else).
In a recent court filing, WTSO disclosed that many wines offered on the website are actually purchased directly from the same Jonathan Newman, a fact not disclosed in WTSO’s offers to its customers and never before disclosed until the lawsuit was filed. WTSO also asserts that the wineries on the labels of many of the wines it sells are simply made up brand names and not the actual wine vineyards where the grapes are grown.
Following commencement of this lawsuit, WTSO recently (at the beginning of November 2016) amended its Terms of Service to require customers asserting deceptive practice claims to do so in arbitration (rather than Court) on an individual basis (rather than in a class action). This attempt by WTSO to limit its liability should not affect the claims asserted in the lawsuit about wines purchased before the changes to WTSO’s Terms of Service. If you wish to opt out of arbitration for purchases since the changes, and preserve your right to bring a claim in court, you must notify WTSO in writing within 30 days of any new purchase. You may contact us for assistance in providing the writing to WTSO. It also may be possible to satisfy the writing requirement by going to the “Contact Us” tab on the WTSO website; once the new page opens, communicate your desire to opt out of the WTSO Arbitration Provision in the Comment/Question section.
To learn more about the case: click here to read our complaint.
If you have purchased wine from wtso.com or other similar sites and would like more information, please fill out the form below.
The Court has granted preliminary approval of a classwide settlement. Class members will be receiving notice in the form of an email or a post card on or about December 21, 2017.
If you have any questions regarding this settlement, please feel free to contact us by phone or email through our website.