Carter’s & OshKosh Class Action Lawsuit! Have You Shopped There?
OshKosh and Carter’s have both been hit with a brand new lawsuit alleging that they deceptively raised prices in order to make sale items appear to be great bargains. In reality, these “sale” prices were the regular market price for the item, while the “regular” price was an artificially inflated price that gives the illusion of it being a good deal.
The Carter’s and OshKosh class action lawsuit alleges that the retailers have violated a slew of consumer protection laws including the Federal Trade Commission Act, California’s Unfair Competition Law, the California False Advertising Law, the California Consumer Legal Remedies Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and similar laws in other states.
If certified, the proposed nationwide plaintiff Class would include everyone who bought items from Carter’s and OshKosh marked as having been discounted down from a supposed “original,” “regular,” or “market” price within the applicable class period. Morrow and Gennock also propose two subclasses to represent customers who live in California and Pennsylvania.
They are seeking an award of damages and restitution of all profits the defendant gained as a result of their allegedly deceptive conduct, plus court costs and attorneys’ fees. They are also asking for a court order prohibiting the defendants from continuing the practices at issue and requiring them to conduct a corrective advertising campaign.
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