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On February 8, 2012, a consumer who purchased ten items on sale from J.C. Penney's filed a class action complaint on behalf of all California consumers, alleging that she was misled into thinking the items were truly on sale. Plaintiff alleges that J.C. Penney advertises its merchandise as being on sale, but tickets its merchandise with false "original" or "regular" price labels to create the illusion of a sale. In reality, there is no sale. The "sale" price advertised by J.C. Penney is the same price it always sells products for. Plaintiff, typical other consumers who shop at J.C. Penney, was looking for a sale and would not have purchased the products she did if they were properly advertised.

The California Legislature enacted laws that specifically prohibits the practices complained of in this class action. California Business & Professions Code §17501 states:

No price shall be advertised as a former price of any advertised thing, unless the alleged former price was the prevailing market price as above defined within three months next immediately preceding the publication of the advertisement or unless the date when the alleged former price did prevail is clearly, exactly and conspicuously stated in the advertisement.

In early 2012, J.C. Penney's CEO, Ron Johnson made a public presentation to investors criticizing the company's false price comparison advertising. Confirming that the pricing had no integrity and was misleading consumers, he sought to change the store's pricing scheme to one using every day low prices. J.C. Penney did not, however, offer to reimburse the tens of thousands of consumers that it had previously duped with its false price comparison advertising schemes.

If you are a consumer who purchased merchandise from J.C. Penney in between 2010 and February 2012, your information may be critical to the prosecution of this case. Please contact us now at 1-866-629-3409

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