SAN DIEGO (Legal Newsline) – A San Diego woman is suing the operators of Carter's and OshKosh B'gosh over claims of illegal price scheming.
Siobhan Morrow, individually and for all others similarly situated, filed a class-action lawsuit Feb. 10 in U.S. District Court for the Southern District of California against Carter's Inc., The William Carter Co., Carter's Retail, OshKosh B'gosh, and Does 1-50, alleging violations of California's Consumer Legal Remedies Act, its Unfair Competition Law and its False Advertising Law.
The suit states the defendants misled consumers by advertising clothing and children's apparel and accessories at discounted, sale prices, but the market retail prices were artificially inflated and were never the original prices for the products sold in the defendants' retail and outlet stores.
The market price allegedly never existed and/or did not constitute the prevailing market retail prices for such products, as the defendants sell their own, exclusive, branded products.
Morrow and others in the class seek damages, restitution and disgorgement, declaratory and injunctive relief, and attorney fees and costs, together to exceed $5 million. They are represented by attorneys Todd D. Carpenter, Edwin J. Kilpela, and Gary F. Lynch of Carlson, Lynch, Sweet, Kilpela & Carpenter in San Diego and Pittsburgh, Pennsylvania.
U.S. District Court for the Southern District of California Case number 3:16-CV-00345-LAB-JMA