Retailers, Discount Pricing, Class Action

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

Foster Garvey PC on 4/8/2025

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

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

ArentFox Schiff on 9/13/2019

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

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

Kilpatrick on 7/20/2018

In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer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

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

Nelson Mullins Riley & Scarborough LLP on 4/25/2018

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

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

BCLP on 2/16/2018

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

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

Farella Braun + Martel LLP on 5/19/2017

“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