"prevailing price" consumer protection rule isn't unconstitutionally vague

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017)Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated “original” or “regular” prices to induce customers to purchase “on sale” merchandise based on a perceived bargain.  The court found that Haley had alleged Article III injury in fact.Macy’s argued that several named plaintiffs couldn’t have been deceived because they had knowledge of Macy’s pricing practices before they bought.  One plaintiff worked at a Michael Kors boutique in Macy’s, and another had a close relationship with her.  At the time of the first plaintiff’s employment, Michael Kors was involved in an unrelated false advertising case. But that employment history didn’t “establish or even suggest that she had knowledge of any pricing…

Read more detail on Recent Advertising Law posts –

This entry was posted in Advertising Law and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply