Category Archives: Retail

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Beyond Compare: Online Retailer Assessed Multi-Million Civil Penalty in California for Allegedly Deceptive Price Comparisons

A recent California state court held that, Inc. (“Overstock”) must pay the price for its allegedly deceptive pricing practices.  Seven district attorneys throughout California brought a complaint against Overstock in 2010, alleging five separate violations of state law.  The focus of these claims was that Overstock allegedly made false and misleading statements in reference … Continue Reading

After Holiday Bargains: Will the State AG Ball Drop?

By some accounts discounting by retailers this holiday season has been even more widespread than usual.  As we have noted previously, however, retailers must be careful not to overpromise the true value of any advertised bargain.  If products are not offered often enough at a “regular” or normal price, then the sale price no longer represents … Continue Reading

Faux Fur Pas

Back in the day people worried that their real fur might be fake. But it seems that now you also have to worry that your fake fur is actually real. The FTC recently approved final settlement orders with Neiman Marcus, and Eminent Inc., after the retailers allegedly sold real fur products that they advertised … Continue Reading

FTC Announces Staff Report on Mail or Telephone Order Merchandise Rule

On April 30, the Federal Trade Commission released a staff report on proposed amendments to the Mail or Telephone Order Merchandise Rule (MTOR) and called for interested parties to comment on the changes proposed in the report. MTOR, which was issued in 1975, requires marketers who solicit customers via mail or telephone to have a … Continue Reading