TRENTON, N.J. (Legal Newsline) – A New Jersey consumer alleges the base prices on items sold at Gap and Banana Republic Factory stores are "fake" to create the impression the items have been discounted.
Caron Coladonato, on behalf of herself and all others similarly situated, filed a complaint on Oct. 9 in the New Jersey Superior Court Law Division against The Gap Inc., Banana Republic LLC, et al. citing the New Jersey Consumer Fraud Act and the New Jersey Declaratory Judgment Act.
According to the complaint, the plaintiff alleges that the defendants engage "in a uniform policy of advertising fictitious, purported former prices and percentage-off discounts" of apparel and personal items at their Factory stores in New Jersey.
The plaintiff alleges the defendants misrepresented that items were on sale and offered at discounted prices when in fact the items were being offered for sale at their everyday regular prices.
The plaintiff seeks the requested injunctive relief, grant attorneys' fees, reimbursement of all costs incurred in the prosecution of this action and grant such other relief as the court deems just and proper. She is represented by Stephen P. DeNittis, Joseph A. Osefchen, Shane T. Prince and Ross H. Schmierer of DeNittis Osefchen Prince PC in Marlton, New Jersey.
The defendant removed the case to the U.S. District Court for the District of New Jersey on Nov. 22.
U.S. District Court for the District of New Jersey Case number 1:17-cv-11998-JHR-KMW