Sometimes when you go into a store, you may see and item on a display, that catches your eye. You walk over, check the price and wince. Then you notice that it has a “Sale” sign that knocks off 30 to 50 percent of the price.
Now, you begin to seriously consider the purchase, and eventually, noting to yourself that it is such a “good deal” that you walk to the cashier and complete your purchase.
Imagine how upset you might be if you found out that the price on the tag was fake and that it was always “on sale” for some percent off? Most likely, you would feel cheated. Because you were.
As was one shopper, who has filed a class-action lawsuit claiming that JC Penney engaged in just such conduct for years in an attempt to mislead consumers. A federal district court has certified a case involving this issue.
The pricing issues involved private label or “exclusive” name-brand items that made it impossible to compare with prices in other stores.
The woman who is the lead plaintiff in the class action purchased three blouses that were supposed to be priced at $17.99, which was represented as a 40 percent discount, but later she learned that they had never sold for more than $17.99, during a three-month period.
This is the type of case that is suited to a class action, as her particular damages may be limited to less than $50, but millions of purchasers may have been misled by such fraudulent sales tactics, resulting in millions of dollars in profits to JC Penney.
Carriermanagement.com, “JC Penney Faces Class Action Lawsuit Alleging Bogus Discounts” Jeff Plungis, May 19, 2015