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ARTICLE · 18 MARCH 2024

Ninth Circuit Won't Save Eddie Bauer From Deceptive Pricing Class Action

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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As many readers know, deceptive pricing cases have exploded in recent years. While we've seen some defendant success in cases where plaintiffs have been unable to prove actual harm...

United StatesLitigation, Mediation & Arbitration

As many readers know, deceptive pricing cases have exploded in recent years. While we've seensome defendant success in caseswhere plaintiffs have been unable to prove actual harm, not alldefendants have been so lucky.The most recent Eddie Bauer case is a cautionary tale showing that deceptive pricing issues still loom large. Here's what happened:

In 2020, a consumer sued Eddie Bauer LLC and its parent company in the Eastern District of Washington, accusing the retailer of violating Oregon's Unlawful Trade Practices Act (UTPA) by misleadingly promoting discounts of 50% on items that never were sold at the claimed original prices. The lawsuit was dismissed by a district court judge who ruled that Clark, the named plaintiff, was ineligible for monetary damages under the UTPA because she failed to demonstrate an "ascertainable loss of money or property." Clark appealed.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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