NJ Appeals Court: Retail Practice of Marking Up Prices Before Applying Discounts Violates Consumer Laws
Plaintiffs counsel Stephen P. DeNittis of DeNittis Osefchen Prince called it a "landmark decision."
February 09, 2023 at 06:34 PM
6 minute read
Credit: mojo_cp/Adobe Stock An age-old retail industry trick just got thrown in the clearance bin by the New Jersey Appellate Division.
The appeals court held that a trial judge erred in dismissing a claim of false advertising brought by consumers against SPARC Group over clothing prices. While the court found that the judge thoroughly addressed all the statutory and common-law counts, it disagreed with the determination that the plaintiffs failed to alleged an ascertainable loss.
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