With the busy holiday looming, major brands are facing would-be class actions in California and New York alleging deceptive outlet store pricing practices.
Lindsay Carlson, partner in the firm’s Class Action Group, said that generally, retailers can take proactive measures to ensure they don’t run afoul of state consumer protection laws.
“I think that retailers will need to take a close look at their price advertising practices, and some may need to update the language they use to communicate with consumers regarding discounts and sales,” Carlson said.
“For former price comparisons, retailers should be able to ‘show their work’ to justify the advertising of the comparative higher price consistent with the laws of the states in which they do business,” she said.
Lindsay Carlson, partner in the firm’s Class Action Group, said that generally, retailers can take proactive measures to ensure they don’t run afoul of state consumer protection laws.
“I think that retailers will need to take a close look at their price advertising practices, and some may need to update the language they use to communicate with consumers regarding discounts and sales,” Carlson said.
“For former price comparisons, retailers should be able to ‘show their work’ to justify the advertising of the comparative higher price consistent with the laws of the states in which they do business,” she said.