Kohl's can be sued for alleged false discount claims, court says


#1

SAN FRANCISCO – California retailers may be liable for large money awards if they falsely advertise that their products are on sale.
A federal appeals court Tuesday revived a potential class-action lawsuit against Kohl’s Department Stores for allegedly misstating in advertising that items had been marked down.
The U.S. 9[SUP]th[/SUP] Circuit Court of Appeals said California consumer laws permit such lawsuits if the customer would not have made the purchase but for the perceived bargain.

9th circuit says california consumer laws allow suits against retailers who falsely claim products are on sale. - latimes.com

Businesses have been using this practice for years. Haven’t you seen a dump bin in a store that claims the items in it are cheaper than on the shelf because the product is dented or the package torn?

No one wants to pay more than they have to but face it, this is capitalism and unless it was outright fraud, this is buyer’s remorse.

Considering this is the 9th circuit court I expect a reversal in the future.


#2

I like Kohl’s and their products. I really like it when you go in there and you see something for $11.99 and you go to the counter and they’re like, “Okay, your total is $4.99.” and you’re like, “What the??? Cool…” They have been doing this for as long as I can remember. They say that they’re having a sale. You go in and you see a certain price and you think it’s fair and when you get to the counter, it’s less…I think it’s brilliant.


#3

I’ve had that happen in other places, including some on line markets. Can’t remember specifics off hand.


#4

The ruling allows a class action suit to go to court. IMO, it’s stupidly wrong, allowing buyer’s remorse to become a pretext for opportunists to try to pick a deep pocket. With a sane jury or judge, this should be laughed out of court. But Kohl’s will be forced to spend 10os of thousands or millions of $$ to defend itself from a frivolous lawsuit, and, frankly, the chances of a large company getting a sane and just judge and/or jury in California are not good.

In the past 2+ years I’ve had to replace most of my clothes - except for my socks at least once, and sometimes several times. Likewise Mrs. S in CA. Kohl’s has made that a lot less financially painful than it might have been, and Kohl’s is also pretty flexible/lenient about returns. This lawsuit will almost certainly lead to higher prices and less flexibility with returns.

If a judgment comes out of this suit, a charge chunk of it, probably most of it, will go straight to the parasitic sharks “representing” the chimaerical class “filing” this suit. It’s a shakedown whose magnitude depends on the greed of the parasitic sharks and the stupidity & envy of the judge and/or jury. Ultimately, it will be customers who pay off the shakedown artists and the stupidity & envy of their enabler–co-conspirators.


#5

I’ve been “involved” in some of these class action suits. One was with my credit card company. I was automatically included simply because I had and used their credit card. My settlement was - 17 cents!


#6

I bet the lawyers got a fat chunck of change though.


#7

Very probably! Of course, the small amount I got was probably partially due to the fact that I hardly ever use my credit card! And when I do, I usually pay it off at once.


#8

[quote=“Susanna, post:5, topic:39563”]
I’ve been “involved” in some of these class action suits. One was with my credit card company. I was automatically included simply because I had and used their credit card. My settlement was - 17 cents!
[/quote]Just be happy the lawyer made money off of the law suit:rofl:


#9

Hmm, where to start on this.

I’m not impressed with our local Kohl’s. Every time I’ve walked into that place it looks like a K-Mart after a blue-light special. Clothing askew, out of all their “sale items”, whatever.
IOW, they don’t impress me where clothing is concerned. The one here mostly dwells on the younger crowd.
However I DID find an excellent deal on good towels, and I WANTED them to be high design for our bathroom remodel.

Oh, and I got no less than 3 pop-ups for discount coupons as soon as I clicked on this thread.

But as to taking them to task for misleading advertising, they’re going to have a task on their hands to prove it.


#10

The state of your local store - and I do know what you mean by the K-Mart comparison - has more to do with the local store manglement, employees and customers than with the chain as such. The two Kohl’s near us are both kept fairly neat (as are the three Target stores, for that matter). Women’s clothes are a different aminal, but there’s a pretty wide age-style range in what I’ve seen at Kohl’s here. Displays seem aimed young, but the stock is more diverse.


#11

I’ve never visited a Kohl’s in disarray…always neat and orderly and clean. By the way, they’re now going after J.C. Penney, too. I’m sure others are on the way.


#12

J. C. Penney may be augering in. A year or so ago they tried an image change that either didn’t work or that cost so much in sales in the near-term that the change wasn’t given enough time to show it could work. If they do join Montgomery Wards in obscurity, there’s a nearby mall I know of that is already a semi-ghost-town, that has J. C. Penney as one of its anchor stores. That mall may go from being in trouble to being done-for. And it’s in Cupertino, near Apple Computer, HP and Agilent (spun off from HP)!

In any kind of franchise-chain employees and manglement are the strong or weak link in maintaining quality - of food, of store appearance, of customer service. Idiot customers can make that more difficult, but if, over time, a store is kept reasonably neat, many/most customers will respect that (maybe even subconsciously) and make less mess by putting stuff back where they found it.