Willis v. Foot Locker

Proposed Class Action Survives Against Foot Locker Over 'Deceptive Pricing'

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The following e-filed papers read herein: NYSCEF Doc Nos.: Notice of Motion/Order to Show Cause/ Petition/Cross Motion and Affidavits (Affirmations) Annexed 16-17 Opposing Affidavits (Affirmations) 25 Affidavits/ Affirmations in Reply 29 Upon the foregoing papers in this proposed class action for allegedly deceptive marketing and sale of products to consumers, defendant Foot Locker Retail, Inc. moves (in motion sequence [mot. seq.] three) for an order, pursuant to CPLR 3211 (a)(3) and (a)(7),¹ dismissing the amended complaint. Background Plaintiff Teretta Willis, individually and on behalf of all others similarly situated, (plaintiff) instituted this proposed class action against defendant Foot Locker Retail, Inc., (defendant or Foot Locker) by the filing of a summons and complaint on July 3, 2023, which was subsequently amended with the filing of an amended complaint on February 5, 2024. Plaintiff alleges that the defendant engaged in “deceptive pricing and sales tactics to sell footwear and apparel” at both its brick-and-mortar stores and on its website, which allegedly includes misleading labeling and marketing of most of the available products as “on Sale” (NYSCEF Doc No. 13, Am. Comp.

9-10). Plaintiff specifically alleges the following: “Inside its stores, most of the available items appear to be marked as on “Sale,” shown through the red tags attached to the sneakers. When a potential purchaser looks closer, they will see that the “Sale” tags are bereft of any information about any previous, “non-sale” price, making it impossible to know if what they are buying is a bona fide bargain. [T]hese “sales” extend beyond footwear to apparel, inducing purchasers to “Take 30 [or 50] percent OFF. The high percentage of products on sale, with no information provided about what the “sale” price means, extends beyond Foot Locker’s brick-and-mortar stores to its website. (Id. at

Willis v. Foot Locker

Proposed Class Action Survives Against Foot Locker Over 'Deceptive Pricing'

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