Promotional Pricing
Promotional Pricing
Creative plaintiffs’ lawyers have designed the latest trend in consumer litigation—class actions alleging deceptive marketing related to pricing practices, including promotional, everyday discount and outlet pricing.

The uptick in class actions coincided with a 2014 letter from a number of U.S. Senators asking the Federal Trade Commission to launch an investigation into whether comparison pricing practices at outlet stores violated the FTC Act and the FTC’s “Guides Against Deceptive Pricing.”  Class action plaintiffs’ lawyers continue to design new and novel theories under state consumer protection laws, deceptive business practices and false advertising statutes, and comparative pricing laws, against both online and brick-and-mortar retailers at all price points.

Scrutiny continues in other channels.  Attorneys general, in certain states have initiated investigations and enforcement actions resulting in settlements.  The issue of promotional pricing has even cropped up in competitor disputes before the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Whether the new fashion in class actions fades away like an outdated trend or becomes a timeless staple of the plaintiffs’ bar remains to be seen, but retailers should prepare for a continuing onslaught and carefully review existing practices!

Our Advertising and Marketing attorneys counsel global retailers and their affiliate brands on all forms of advertising, marketing and promotions, including pricing issues.  We work with clients to craft defensible pricing practices and advertising that complies with federal and state laws, industry self-regulatory standards and evolving best practices for traditional and online commerce.  We represent clients facing regulatory investigations, enforcement actions and litigation brought by the FTC and state attorneys general, and together with our Consumer Class Action attorneys, defend clients in state and federal consumer class actions across the country involving advertising and labeling claims, deceptive trade practices, promotional pricing practices, promotional rebate policies, e-mail marketing campaigns and a range of other issues.

 
 

Overview

Creative plaintiffs’ lawyers have designed the latest trend in consumer litigation—class actions alleging deceptive marketing related to pricing practices, including promotional, everyday discount and outlet pricing.

The uptick in class actions coincided with a 2014 letter from a number of U.S. Senators asking the Federal Trade Commission to launch an investigation into whether comparison pricing practices at outlet stores violated the FTC Act and the FTC’s “Guides Against Deceptive Pricing.”  Class action plaintiffs’ lawyers continue to design new and novel theories under state consumer protection laws, deceptive business practices and false advertising statutes, and comparative pricing laws, against both online and brick-and-mortar retailers at all price points.

Scrutiny continues in other channels.  Attorneys general, in certain states have initiated investigations and enforcement actions resulting in settlements.  The issue of promotional pricing has even cropped up in competitor disputes before the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Whether the new fashion in class actions fades away like an outdated trend or becomes a timeless staple of the plaintiffs’ bar remains to be seen, but retailers should prepare for a continuing onslaught and carefully review existing practices!

Our Advertising and Marketing attorneys counsel global retailers and their affiliate brands on all forms of advertising, marketing and promotions, including pricing issues.  We work with clients to craft defensible pricing practices and advertising that complies with federal and state laws, industry self-regulatory standards and evolving best practices for traditional and online commerce.  We represent clients facing regulatory investigations, enforcement actions and litigation brought by the FTC and state attorneys general, and together with our Consumer Class Action attorneys, defend clients in state and federal consumer class actions across the country involving advertising and labeling claims, deceptive trade practices, promotional pricing practices, promotional rebate policies, e-mail marketing campaigns and a range of other issues.

Partner
Email (202) 342-8633(202) 342-8633
Christie Grymes Thompson chairs the firm’s Advertising and Marketing and Consumer Product Safety practice groups.  Named the 2016 and 2019 Washington, D.C. advertising “Lawyer of t...
Partner
Email (212) 808-5082(212) 808-5082
Michael Lynch is chair of the firm’s Litigation practice and a member of the firm’s Executive Committee.  Michael has extensive trial experience, both from his days as a prosecutor...
Partner
Email (212) 808-7718(212) 808-7718
John Callagy has served as trial and appellate counsel for numerous disputes in various federal and state courts, representing his clients on virtually all legal issues affecting large domestic and...
Partner
Email (973) 503-5910(973) 503-5910
Lauri Mazzuchetti’s practice focuses on commercial litigation and consumer-oriented class action defense, representing clients in FTC and state attorneys general investigations and other liti...
Partner
Email (202) 342-8576(202) 342-8576
Gonzalo Mon’s practice is focused on advertising, transactional, and privacy issues.  He advises a wide range of companies in all aspects of promoting their brands, and works closely wit...
Senior Associate
Email (212) 808-5052(212) 808-5052
James Saylor is a senior associate in Kelley Drye’s litigation group.  James has a diverse breadth of subject matter expertise, having consulted and managed complex litigations and arbit...
Senior Associate
Email (202) 342-8557(202) 342-8557
Katie Townley is a senior associate in the firm’s Washington, D.C. office. Her practice focuses on advertising and marketing, privacy and information security, product safety, and other consu...

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