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.
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.