Kohl’s Department Stores False Price Information Class Action

On January 27, 2010, a consumer who purchased multiple items from a Kohl's Department Store in California filed a class action complaint for false advertising, violation of California's Unfair Competition Law and violation of the Consumer Legal Remedies Act. Plaintiff alleges that Kohl's 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 Kohl's is the same price it always sells products for. Plaintiff, typical other consumers who shop at Kohl's, was looking for a deal and would not have purchased the products he did, but for the false price advertising.

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.

Plaintiff's case was initially dismissed by the Central District on the grounds that Plaintiff did not suffer any damages because he received products of the same value he paid for them, despite the false representation of "original" or "regular" prices. On appeal, the 9th Circuit Court of Appeal overturned the dismissal, holding on May 21, 2013 that when a consumer purchases merchandise on the basis of false price information, he has been damaged/injured and has standing to sue.

Plaintiff will now proceed forward with his class action on behalf of all California consumers who have been misled by Kohl's false price comparison advertising between August 5, 2006 and the present. If you fall within this class of consumers, your information may be critical to the prosecution of this case. Please contact us now at 1-866-629-3409

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