CLEVELAND (Legal Newsline) – A lawsuit against The Gap over the fine print in its sales promotions has been tossed by an Ohio appeals court.
On Sept. 10, the Eight Appellate District affirmed a Cuyahoga County decision that said The Gap made no false claims in signs in a storefront window in Cleveland.
“Therefore, regardless of whether The Gap’s signs are considered ‘offers’ under the (Consumer Sales Practices Act) and whether the signs failed to disclose restrictions… ,The Gap would not be liable under the CSPA unless Barlow proved that the signs were false, material to consumers’ purchasing decisions, and likely to mislead a reasonable consumer,” Judge Mary Boyle wrote.
“Barlow, however, has not alleged, argued, or presented evidence that The Gap’s signs were false, material, or misleading. Barlow’s arguments that The Gap’s signs are offers and that the signs failed to disclose restrictions are therefore moot, and we need not address them.”
On three sale signs at a Gap store, text announcing promotions was in large print while the exclusions and restrictions were in small print at the bottom of the signs.
Plaintiff Meghan Barlow claimed the signs were deceptive because they did not conspicuously state the restrictions and exclusions. In June 2019, a trial court judge threw the case out – a decision he reiterated a couple of months later after some more litigating.