Promotional Pricing

Creative plaintiffs’ lawyers have latched on to the latest claim du jour in the form of class actions alleging deceptive marketing related to sales pricing. The rash of lawsuits comes on the heels of a request by Congress to the FTC to launch an investigation into the pricing practices at outlet stores. Whether this issue fades away like a dated trend or becomes a timeless staple of the plaintiffs’ bar remains to be seen, but sellers should be prepared for increased scrutiny and additional lawsuits. In this session we discuss the hurdles the plaintiffs may face in these lawsuits and provide insights on what can be done to reduce the risk of such challenges.