Deceptive Pricing: Unlawful Trickery or Skillful Selling?

The New York Law Journal (subscription required) published an article authored by attorneys Andrew Lustigman and Morgan Spina, featured in its Fashion Law Special Report. The article, “Deceptive Pricing: Unlawful Trickery of Skillful Selling,” addresses the challenges in discount pricing advertising, an essential component in online and brick and mortar retail promotion. The article explores recent class action developments and settlements in which plaintiffs have asserted false advertising claims against retailers challenging the discounting practices. Although deceptive pricing litigation is not necessarily a new phenomenon, it continues to pose challenges to retailers who seek to compete on a global scale where checking on the lowest price can be just a click away.