NJ High Court Oral Arguments: Is Retail Practice of Marking Up Prices Before Applying Discounts a CFA Violation?
"[I]sn't one of the problems here that it is very hard to determine the objective worth, value, and quality of an item of clothing that sells at many different prices, perhaps because it has a designer label, or perhaps because it is trendy at the moment?" Justice Rachel Wainer Apter asked.
November 08, 2023 at 06:05 PM
7 minute read
Credit: Seventyfour/stock.adobe.com The New Jersey Supreme Court heard oral arguments Tuesday in Robey v. SPARC Group over the age-old industry practice of marking up prices to then mark them down.
The state high court considered whether the practice constitutes an ascertainable loss under the Consumer Fraud Act and whether the plaintiffs qualify as aggrieved consumers under the Truth in Consumer Contract, Warranty, and Notice Act.
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