Greenberg Traurig Attorneys Irving Scher and Ed Chansky authored an GT Alert, “Price Advertising Claims Make a Comeback – As Class Actions”
The minimal regulatory enforcement in recent years may have led some retailers to let down their guard in complying with some of the more stringent state regulatory requirements dealing with price advertising. However, FTC Guides and state statutes and regulations involving price advertising remain in effect, and most recently have become the basis for a growing number of consumer class actions instituted against retailers allegedly failing to comply with a particular state’s price advertising requirements. While under some state laws, class-wide claims asserted by the plaintiffs have been dismissed for lack of commonality, elsewhere such class claims have been allowed to go forward. Accordingly, it is a good time for retailers to review their price advertising practices.