GRABAR LAW OFFICE INVESTIGATES CLAIMS ON BEHALF OF INVESTORS OF FIVE BELOW, INC. (NASDAQ: FIVE)
Five Below, Inc. is a specialty value retailer offering merchandise targeted at the tween and teen demographic.
Key allegations of a securities fraud class action complaint that alleges that, Five Below, Inc., via certain of its officers and directors, violated securities laws, has survived a motion to dismiss. The underlying complaint alleged that Five Below provided investors with false and/or materially misleading information about FIVE's financial strength and operations, including its outlook for the first quarter and full year 2024. On June 5, 2024, FIVE announced disappointing first quarter 2024 sales result and cut its full year 2024 guidance stating, "Net sales are expected to be in the range of $3.79 billion to $3.87 billion based on opening approximately 230 new stores." At the same time, FIVE claimed that for the second quarter, "Net sales are expected to be in the range of $830 million to $850 million based on opening approximately 60 new stores." In response to the disclosure, FIVE's stock price declined $14.07 per share within the span of just one day.
On August 25, 2025, key allegations of the underlying class action survived defendants’ motion to dismiss the complaint. In so holding, the court determined that: “Plaintiffs plausibly allege that during the class period, Five Below was having serious issues executing on their trend-right strategy and stocking trending items in stores. There is substantial former employee testimony supporting this point.” Moreover certain statements regarding “the extent and cause of shrink are material to investors, misleading by omission, and thus actionable under the PSLRA.”
Current Five Below shareholders who have held shares of the Company’s stock since prior to December 1, 2022, have standing to seek corporate reforms, the return of funds back to company coffers, and potentially a receive a court approved incentive award if appropriate.
If you have held Five Below shares since prior to December 1, 2022, and would like to learn more at no cost to you, please contact Joshua Grabar at jgrabar@grabarlaw.com or Mia Heller at mheller@grabarlaw.com, or call us at 267-507-6085.