ATLANTA (Legal Newsline) - Two women are suing the parent companies of two clothing retailers, alleging they advertise false savings.
Siobhan Morrow of San Diego and Ashley Gennock of New Castle, Pennsylvania, individually and for all others similarly situated, filed a class action lawsuit May 6 in U.S. District Court for the Northern District of Georgia Atlanta Division against Carter's Inc., The William Carter Company, Carter's Retail Inc., OshKosh B'gosh Inc., and Does 1-50, alleging violations of California's Consumer Legal Remedies Act and other of its business and civil codes, violations of Pennsylvania's Unfair Trade Practices & Consumer Protection Law, unjust enrichment, and violations of consumer protection laws in 41 other states and the District of Columbia.
The suit alleges the defendants mislead consumers by offering false price discounts at their Carter's and OshKosh B'gosh retail and outlet stores. The advertised discounts, the lawsuit states, were phantom markdowns because the represented "market" prices were artificially inflated and were never the original prices for children's apparel and accessories sold at the above stores.
The plaintiffs and others in the class seek a jury trial, damages, restitution and disgorgement, declaratory and injunctive relief, corrective advertising, attorney fees and costs. They are represented by attorneys Thomas A. Withers and Anthony C. Lake of Gillen Withers & Lake LLC in Savannah, Georgia and Atlanta, and Todd D. Carpenter, Edwin J. Kilpela and Gary F. Lynch of Carlson Lynch Sweet Kilpela & Carpenter LLP in San Diego and Pittsburgh.
U.S. District Court for the Northern District of Georgia Atlanta Division Case number 1:16-CV-01485-ELR