Brooks Brothers Factory stores advertise discounts based on ‘fake’ original prices, class action says

Brooks Brothers Factory class action lawsuit overview: 

• Who: Kenneth Guerriero and Tony Sikavi filed a class action lawsuit against Authentic Brands Group LLC. 
• Why: Guerriero and Sikavi claim Authentic Brands Group tricks consumers into paying more for fashion merchandise sold at its Brooks Brothers Factory outlet stores by using artificially inflated “original” prices on discounted items. 
• Where: The Brooks Brothers Factory discounts class action lawsuit was filed in New York federal court.

Brooks Brothers Factory tricks consumers into paying more for its fashion merchandise by advertising discounts from an artificially inflated “original” price, a new class action lawsuit alleges. 

Plaintiffs Kenneth Guerriero and Tony Sikavi claim Brooks Brothers has been using so-called false reference pricing as part of a years-long campaign aimed at deceiving consumers into believing they are getting a better deal than is actually the case.

“Aware of the intertwined connection between consumers’ buying decision processes and price, retailers like Defendant lure consumers with advertised discounts that promise huge savings and high value,” the Brooks Brothers Factory class action says. 

Guerriero and Sikavi want to represent a New York class and California class of consumers who purchased from a Brooks Brothers Factory outlet store one or more products at a discount from an advertised reference price and who have not received a refund or credit for said purchase(s). 

Brooks Brothers Factory discounts cause consumers to overpay, class action says

Brooks Brothers’ use of false reference pricing causes its customers to overpay for its products, given the promised savings are false, the Brooks Brothers Factory discounts class action alleges.

“The product’s value reflected in its price is incorrect when the retailer advertises discounts off of some higher, made-up, and artificially inflated ‘original’ price that no one ever pays,” the Brooks Brothers Factory class action says. 

Guerriero and Sikavi claim Brooks Brothers is violating the New York Consumer Protection from Deceptive Acts and Practices Act, the New York False Advertising Act and California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual, punitive and statutory damages for themselves and all class members. 

A consumer filed a similar class action lawsuit against Lowe’s earlier this month over claims the home improvement retail chain misleads consumers by advertising certain of its products at a permanent discount. 

Have you purchased a Brooks Brothers product that was discounted from an advertised reference price? Let us know in the comments.

The plaintiffs are represented by Gary F. Lynch, Todd D. Carpenter, Scott G. Braden and James B. Drimmer of Lynch Carpenter LLP. 

The Brooks Brothers Factory class action lawsuit is Guerriero, et al. v. Authentic Brands Group LLC, Case No. 1:24-cv-08778, in the U.S. District Court for the Southern District of New York.

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