SAN FRANCISCO (Legal Newsline) — A New Jersey consumer has filed a class-action lawsuit against owners of The Gap and Banana Republic stores for alleged fraud and unjust enrichment based on "fake" base prices.
Michael Pallagrosi, on behalf of himself and all others similarly situated, filed a complaint on Oct. 13 in the U.S. District Court for the Northern District of California against The Gap Inc., Gap (Apparel) LLC, Gap International Sales Inc., Banana Republic LLC and Banana Republic (Apparel) LLC for alleged violations of the New Jersey Consumer Fraud Act.
According to the complaint, the plaintiff alleges the defendants engaged in a uniform policy of advertising fictitious former prices and percentage-off discounts in the advertising, marketing and sale of apparel and other personal items in its stores. The plaintiff alleges the products featured fake base prices in order to mislead customers that the items had been discounted or offered at a much lower price.
The plaintiff alleges the defendants continuously advertised and offered items for sale at a discount off their purported base prices, though the discounted sale prices did not actually represent the advertised savings since the items were never offered for sale at these prices.
The plaintiff requests a trial by jury and seeks to economic and compensatory damages, statuary, punitive or exemplary damages, with attorneys' fees, and such other relief as the court deems proper. He is represented by Todd M. Friedman of the Law Offices of Todd M. Friedman PC in Woodland Hills, Calif.
U.S. District Court for the Northern District of California Case number 3:17-cv-05905-MEJ