Olshan Partners Andrew Lustigman and Scott Shaffer authored an article published in the New York Law Journal’s Cybersecurity Law Report on June 3, 2016, entitled “Online Discount Pricing Policies Face Increasing Scrutiny”, illuminating the issues surrounding online pricing practices.
Deceptive pricing/sales practices continue to be at the forefront of state regulators and private plaintiffs. The New York Attorney General’s recent $500,000 settlement with leading drug store retailer Walgreens/Duane Read involving allegations of such practices sends a strong message to retailers to verify that their pricing and sales practices are consistent with federal and state law.
Retailers across the country have been facing private class action lawsuits alleging that certain discount pricing practices constitute false advertising based on the allegation that the discount is fictitious. Discount retailer, Kohl's, recently obtained dismissal of one such action.