Shaun Zinck Jul. 24, 2015, 1:06pm


NEW YORK (Legal Newsline) - A national department store chain is being sued over allegations the company misrepresented the discounts it offered on some products.

Peggy Cabrera filed the lawsuit on June 30 in U.S. District Court in New York against Kenneth Cole Productions, owner of Kenneth Cole Outlet stores.

The lawsuit claims the company offered “steep discounts” based on “fabricated, arbitrary, and false former prices.” Cabrera claims some of the price discounts were on products that were manufactured to be sold exclusively in Kenneth Cole Outlets.

Kenneth Cole would have two different prices on tags on merchandise. One price would represent the manufacturer's suggested retail prices, and the other price would be what the company would be selling the item for.

The MSRP was “artificial, arbitrary and did not represent a bona fide price at which Kenneth Cole formerly sold Kenneth Cole Outlet Products,” the lawsuit said.

Cabrera is seeking class action status in the lawsuit. She is also seeking damages in excess of $5 million plus court costs.

Cabrera is represented by Wayne S. Kreger of the Law Offices of Wayne Kreger in New York City, and Jason H. Alperstein of Kopelowitz Ostrow P.A. in Fort Lauderdale, Fla.

U.S. District Court Southern District of New York case number 1:15-cv-05107.

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