Are Carter’s Discount Prices Misleading Shoppers?

Have you purchased items at Carter’s? If so, you may have been lured by a Carter’s discount advertised by the retailer that consumer advocates say may have been fake.

What Is Deceptive Pricing?

Numerous stores in recent years have been accused of using deceptive pricing to lure in consumers. Deceptive pricing is a strategy stores use to trick customers into thinking that the price they are being offered is a deal. This can take a range of forms, from fake sales or perpetual sales to bait and switch tactics.

Some stores may trick customers into thinking that an item was offered for a higher price originally, and is now being offered for a much lower price. They can do this by listing a higher, “original price” next to a current price that is lower. This leads customers to think that they are being sold an item at a discount.

More subtle versions of a fake sale scheme include companies using words like “compare at” and then listing a higher price to make customers think that an item was previously offered fro a higher price without explicitly using “sale” terminology. Similarly, companies may present one higher price with a “strike through” next to another, lower price with no strike through, to similar effect.

Research indicates that customers are more likely to buy an item for an offered price if it was first offered at a higher price. Reportedly, this is because customers think the item is worth more than what they are paying. Consumers use price as one way to determine value, so if they think they are getting a good value for the item, they are more likely to purchase it.

In other instances, companies may try to lure in customers with one, lower price, and then hit customers with hidden fees or other costs later in the purchase process. This is more common with services or subscriptions, whereas fake sales may occur commonly in retail spaces.

What Are the Deceptive Pricing Laws?

Lawmakers have recognized that this strategy is one that companies do employ to up their profits. Additionally, they recognize that customers fall for it, as they try to make the best decision about how to spend their money. For this reason, both state governments and the federal government have prohibited businesses from using deceptive pricing tactics.

On the federal level, the Federal Trade Commission Act prohibits companies from using “unfair or deceptive acts or practices in or affecting commerce.” Previously, this has been interpreted to mean that companies are prohibited from using fake sales and inflating past prices to entice costumers into purchasing an item. Additionally, the law has prohibited businesses from using bait and switch tactics on consumers without fully informing them what costs are associated with their purchase.

On the state level, laws like the California Business and Professional Code prohibit companies from misleading customers about the price or quality of what they are buying. Medium explains that California law states that businesses cannot advertise a former or “previously offered at” price unless that price was offered within the last three months, or unless they publish the date at which the item was sold for that price. 

Why Was a Carter’s Deceptive Pricing Lawsuit Filed?

Customers have challenged Carter’s discount advertising, claiming that the popular children’s clothing company was advertising fake sales in an effort to encourage customers to make purchases. Some customers filed a Carter’s discount class action lawsuit, saying that had they known that the items were not being offered on a sale, they would not have purchased them or would not have paid as much as they did for them. Specifically, they took issue with email advertising sent by Carter’s.

In their eyes, the company’s use of a “fake sale” technique served to falsely inflate the perceived value of the items. The customers say that Carter’s was aware that customers use pricing to determine value, and intentionally exploited this tendency.

The customers say that the Carter’s discount practices violated Washington state law, which prohibits false and misleading information in advertising.

Should You File a Carter’s Deceptive Pricing Lawsuit

If you purchased items at Carter’s that you were believed were being offered at a sale, you may have a claim in a Carter’s discount lawsuit. You could receive compensation for your purchase, and may be able to help hold companies accountable for adverting in a truthful manner.

How to Join a Carter’s Deceptive Pricing Lawsuit

If you believe that you were affected by possible Carter’s deceptive pricing, you can contact an experienced attorney to help determine if you have a legal claim. An attorney can help you compile the documentation you need to build the strongest cases possible. You will need to be able to prove not only that you shopped at Carter’s, but that deceptive pricing was at play. You may need to be able to show that you were negatively affected by it, possibly in the form of financial injury.

Join a Free Carter’s & OshKosh Class Action Lawsuit Investigation

If you purchased products in-store or online direct from Carter’s or OshKosh, you may qualify to join FREE a Carter’s and Oshkosh false discounts class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.