News & Analysis as of

Retailers Discount Pricing

Foster Garvey PC

BOGO & Discount Pricing: Are You at Risk of a Class Action?

Foster Garvey PC on

We have noticed a growing trend of class actions suing businesses over pricing practices. Brands and retailers who advertise discounts framing the discount as a bargain off the “regular price” when the business has never...more

Mintz - Health Care Viewpoints

OIG Approves Online Retailer’s Discount Program

On January 19, 2022, the Office of Inspector General for the Department of Health and Human Services (OIG) issued a favorable Advisory Opinion regarding an online retailer’s proposal to make its discount programs available to...more

ArentFox Schiff

Mind the Gap: Retail Pricing Remains Hot Topic in Class Action Litigation

ArentFox Schiff on

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more

Kilpatrick

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

Kilpatrick on

In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer protection statutes can be a near impossible...more

Proskauer - Advertising Law

Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case

The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a...more

Nelson Mullins Riley & Scarborough LLP

Under New First Circuit Precedent, Deception is Not Actionable Injury under M.G.L. c. 93A, Massachusetts’ Consumer Protection Act

In two recent cases decided by the United States Court of Appeals for the First Circuit, the Court held that consumers cannot make out claims under Massachusetts’ Consumer Protection Act, M.G.L. c. 93A, where the only claimed...more

BCLP

Beware of Phantom Price Markdowns: Ruling Against Hobby Lobby Highlights Risk

BCLP on

Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more

BCLP

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

BCLP on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

Farella Braun + Martel LLP

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class...more

Perkins Coie

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

Perkins Coie on

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

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