
On Oct. 5, 2026, David Halperin and Rafael Robles filed a class action lawsuit against Kohl's Inc. in the U.S. District Court for the Eastern District of Wisconsin.
The lawsuit alleges Kohl's sold 100% cotton sheets with thread counts cotton fabric cannot physically reach.
What is thread count?
Thread count measures how many lengthwise and widthwise threads run through one square inch of fabric. A thread can be a single strand or several strands, called plies, twisted together.
Under ASTM D3775, the industry testing standard, each yarn counts as one thread whether it has one ply or several. Shoppers pay more for higher counts because they link them to softer, more luxurious sheets, the complaint contends.
The plaintiffs' purchases
The class action lists six sheet sets from the Kohl's website, including Simply Vera Vera Wang, Superior Egyptian Cotton and Bibb Home sets. Halperin allegedly bought four Simply Vera Vera Wang sets with 600- or 800-thread count labels, while Robles says he bought one 800-thread count set.
The lawsuit claims single-ply cotton tops out around 400 to 500 threads per square inch. Therefore, it alleges Kohl’s could only achieve 600- or 800-thread counts with a counting method that breaks from ASTM D3775. Counting each ply as a separate thread, for instance, can double or triple a sheet’s stated count, according to the filing.
Federal Trade Commission staff letters from 2002 and 2005 back the ASTM approach, the lawsuit notes.
Halperin and Robles claim they relied on the labels and would not have paid as much as they did had they known the true thread count.
The legal claims
The lawsuit brings seven claims:
- Fraud, which covers knowingly false statements that lead someone to buy
- Negligent misrepresentation, which covers false statements a company should have caught
- Breach of express warranty, which holds sellers to their product descriptions
- Unjust enrichment, which lets courts take back profits a company gained unfairly
- Wisconsin false advertising law, which bars misleading public ads
- Illinois Consumer Fraud and Deceptive Business Practices Act and Pennsylvania Unfair Trade Practices and Consumer Protection Law, which apply to the state subclasses
The plaintiffs seek a court order that stops the labels and makes Kohl’s publicly correct its thread count claims along with money for buyers and extra damages meant to punish the company and forfeit profits it earned from the labels.
What the lawsuit means for Kohl's shoppers
The proposed nationwide class covers anyone in the United States who bought 100% cotton bedding that Kohl's advertised or marketed as having a thread count of 600 or more during the six years before the filing through the present with matching subclasses for Illinois and Pennsylvania.
There is no settlement, no claims process and no money available at this time.
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