Aeropostale Accused of ‘Massive False Discount Advertising Scheme’ in Class Action

A California man says that he and other consumers were duped into thinking they were getting deep discounts both online and at Aeropostale locations, but the retailer was allegedly perpetrating a massive false advertising scheme.  

Lead plaintiff, James Andrews, lodged his complaint in California Superior Court against the owners of casual clothing retailer Aeropostale, Aero, and others. Andrews claims that the store creates its own reference pricing, representing to customers that they are buying items at 50 to 70 percent off of the regular price; however, Aero is manufacturing these reference prices and customers are not getting close to the deals that they think they are getting.  

Andrews says that he purchased a hat and sweater at an Aeropostale location. He says he believed he was getting a 60 percent discount on a reference price of $19.50 for the hat and $59.50 for the sweater; however, he says he discovered that the items he purchased had never been offered for sale at those prices.  

“Aeropostale perpetually advertises nearly all of its products with significant discounts of 50-70% from a false reference price, in order to trick its customers into believing the advertised ‘sale’ price represents a special bargain from Aeropostale’s usual and regular prices,” alleges the class action.  

Andrews alleges that the owners make a tidy sum from the false discount advertising scheme they run at 57 stores in California, along with 500 physical locations nationwide, along with their online sales. In 2019, the brand made more than $1 billion in sales, states the complaint. 

“Customers were harmed because they would not have purchased the items at the prices they paid had they known the items had not been regularly offered at the higher list price,” alleges the class action lawsuit.  

Andrews says that there are decades of research that shows reference prices, such as the allegedly false discount ones used at Aeropostale, have a material effect on consumer behavior. The class action lawsuit alleges that consumers are apt to purchase more items if they think they are getting a deal.  

False discount prices harm both consumers and competitors, contends the plaintiff. Consumers do not get what they thought they paid for. False reference pricing also negatively affects the integrity of the industry, harming competitors who do not engage in the practice.  

Andrews says that Aeropostale’s false discount scheme violates California consumer protection laws. He seeks to represent other California consumers who purchased so-called sale items at physical stores or online.  

Did you pay inflated prices at Aeropostale or another store? Do you think it was because of false discount advertising? Tell us in the comment section below! 

The lead plaintiff is represented by Daniel M. Hattis and Paul Karl Lukacs of Hattis & Lukacs, and Stephen P. DeNittis and Shane T. Prince of DeNittis Osefchen Prince, PC. 

The Aeropostale False Discount Class Action Lawsuit is Andrews v. Aero Opco LLC, et al., Case No.  in the Superior Court of the State of California City and County of Riverside.  

Read About More Class Action Lawsuits & Class Action Settlements:

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