News & Analysis as of

Class Action Product Pricing

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Carlton Fields

Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

Carlton Fields on

Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...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

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

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

BCLP

Sale Price Advertising and Fictitious MSRP Litigation

BCLP on

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

BCLP

Retailers Face False Advertising Cases on Discounts From Original Prices, Rewards Points

BCLP on

Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more

Dorsey & Whitney LLP

Fashion Retailer Zara Hit With Pricing Disclosure Lawsuit

Dorsey & Whitney LLP on

Zara USA, Inc., the affiliate of the Spanish fashion retailer, has been hit with a class action lawsuit in federal court in California advancing a relatively simple and novel set of theories. Rose v. Zara USA, Inc....more

Troutman Pepper

New Jersey Court Makes Class Action Plaintiffs Pay the Price

Troutman Pepper on

The Appellate Division’s opinion in Dugan will undoubtedly hinder future plaintiffs who seek certification in New Jersey consumer class action cases. Defending against consumer class actions in New Jersey just got a...more

King & Spalding

Business Lit Ledger - Fall 2015

King & Spalding on

In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

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