Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Discount

Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case

By Lawrence Weinstein, Daniel Werb and Carl Mazurek on Posted in Deceptive Trade Practices, Labeling Claims
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 former price, or as the supposed market value, of that item.  Chowning v. Kohl’s Dep’t Stores, 2018 WL … Continue Reading

New York Federal Court Latest to Dismiss Outlet Pricing Class Action

By Lawrence Weinstein and Lee Popkin on Posted in Labeling Claims
Last month, Judge Valerie Caproni of the Southern District of New York dismissed with prejudice a putative deceptive pricing class action filed against Burberry.  This is the first decision within the Second Circuit to determine whether shoppers claiming to have been victimized by discount price advertising in outlet stores have suffered actual injury for purposes … Continue Reading

Court Dismisses “Phantom Markdown” Suit against Saks

By Daniel Werb on Posted in Deceptive Trade Practices
Our colleagues at Proskauer’s commercial litigation blog, Minding Your Business, recently covered a dismissal of a discount advertising suit asserted against Saks. The case is Nunez v. Saks Inc., 2017 WL 1184058 (S.D. Cal. Mar. 22, 2017), and Proskauer’s coverage may be found here. *** Want to talk advertising? We welcome your questions, ideas, and … Continue Reading

California Court Issues Surprising Decision in Discount Advertising Case

By Lawrence Weinstein, Daniel Werb and Tiffany Woo on Posted in Class Actions
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC.  The court held that plaintiffs who claimed they were misled by 40% off signs raised a triable issue of whether they suffered an injury-in-fact even though they … Continue Reading
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