SAN FRANCISCO (Legal Newsline) – Two women are suing a designer brand for allegedly falsely advertising original prices and corresponding price discounts.
Gaylia Pickles and Donna Vandiver, individually and for all others similarly situated, filed a class-action lawsuit Nov. 20 in the U.S. District Court for the Northern District of California against Kate Spade and Co. and Does 1-50, alleging false advertising, deceptive trade practices, and unfair, fraudulent and unlawful business.
As of 2015, the suit states, Kate Spade operates 159 retail stores in North America, including 62 outlet stores in the U.S.
The suit states Kate Spade misrepresented the existence, nature and amount of price discounts in its outlet stores.
The retailer's in-store pricing scheme displays on its discounted products' tags a former retail price, "our price," which never existed and were not the prevailing market prices within three months immediately preceding the publication of the advertised former prices, as required by California law, the suit states.
The plaintiffs and others in the California and Texas classes of consumers purchased items from Kate Spade outlet stores relying on such false representations, the suit states.
The plaintiffs and others in the classes seek an order enjoining Kate Spade from continuing the actions described, plus general damages, restitution and disgorgement, interest, injunctive relief, and statutory damages including attorney fees and costs of the suit.
The plaintiffs are represented by attorneys David S. Markun, Edward S. Zusman, Kevin K. Eng, Mark A. Ozzello, and Ari Y. Basser of Markun Zusman Freniere & Compton in Pacific Palisades, California; and by attorneys Che' D. Williamson and Michelle Eddington of Williamson Law Firm in Houston, Texas.
U.S. District Court for the Northern District of California Case number 4:15-CV-05329-DMR