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A new DSW class action lawsuit accuses the shoe retailer of tricking consumers into thinking they’re getting a bargain that may not even exist.
Plaintiff Amy Evans says that some of DSW’s inventory consists of products purpose-made for exclusive sale at DSW stores, under certain DSW house brand names.
These brands include Kelly & Katie, Lulu Townsend, Poppie Jones, Audrey Brooke, and One Wink. All these brands are trademarked by DSW, according to the class action lawsuit.
DSW’s price tags for items sold under these brands include “Compare At” reference prices, Evans says. But since these “DSW Exclusive Products” are never sold through any other store besides DSW, Evans argues they have no real original price other than whatever price DSW offers them for.
According to DSW’s filings with the Securities and Exchange Commission, the company makes a point of keeping its merchandise at the same price from the time it arrives at the store until it gets moved into clearance rotation.
Therefore the price at which DSW first offers a “DSW Exclusive Product” for sale is the true original price, and any other marked “Compare At” price is a fiction arbitrarily created by DSW, Evans argues.
Language from DSW’s website shows that for at least some of its merchandise, the company has been generating its own “Compare At” prices, Evans claims. She says the company recently added language to its definition of “Compare At” stating “when an MSRP is not available, the COMPARE AT price is our estimate of other retailers’ ticketed prices for the same or similar items.”
Evans believes DSW uses this strategy to generate fake original prices for its “DSW Exclusive Products.”
The plaintiff argues DSW uses these “Compare At” prices to give customers the impression that the item is being offered at a bargain price, when in fact it’s not being offered at any discount at all. This illusory bargain induces consumers to make purchases they may not have made otherwise.
The deception extends to the receipts DSW gives their customers after a purchase, Evans says. She includes in her DSW class action lawsuit an image of a receipt showing the words “YOU SAVED $29.05” at the bottom, representing the purported discount on an item with a “Compare At” price of $60.
If certified by the court, Evans’s proposed Class will represent all residents of California who, within the applicable statute of limitations period, bought a “DSW Exclusive” product marked with both a higher “Compare At” price and a lower actual selling price from a DSW store.
The DSW class action lawsuit seeks restitution and disgorgement of profits DSW gained as a result of the practices complained of here, plus reimbursement of court costs and attorneys’ fees.
Evans is represented by Kristen Law Sagafi, Martin D. Quiñones, Hassan A. Zavareei, and Jeffrey D. Kaliel of Tycko & Zavareei LLP; Jeffrey M. Ostrow and Scott A. Edelsberg of Kopelowitz Ostrow PA, and by Wayne S. Kreger.
The DSW Fake Sale Class Action Lawsuit is Amy Evans v. DSW Inc., Case No. 2:16-cv-03791, in the U.S. District Court for the Central District of California.
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37 thoughts onDSW Class Action Says Pricing Strategy Deceives Customers
Fake sale
I suspected price misrepresentation. I have been very disappointed with the shoes I have bought there
I was treated so very disrespectful by the mgr at tucson, BW DSW . then recieved a letter from corporate that stated I was not allowed to call, come in, order ect anymore. My refund on my card was wiped out also. Since then I have learned that the products are inferior. Seconds and thirds. My favorite store Steinmart does sell DSW shoes and I told them no way. I would like to add that most of the employees were not like the mgr. Most were most helpful. I DO NOT LIKE DSW AND THE WAY THEY TREATED ME.
The shoes a purchased were not what they should be . Very uncomfortable . They were pricey also .
I have purchased two pair of shoes at DSW in Harahan, Louisiana store. I was very disappointed with the dress shoes very poor quality as they did not hold up the tennis shoes were supposedly a bargain but found out later their price was in fact higher for the same exact shoe else where
I just bought several pairs of shoes from DSW and they were Life Strides. Did not wear as well as the Life Strides I purchased at other stores. I feel as though I have been fooled about the good prices.
I knew there was something wrong with the shoes that I bought. They would break fast if it wasn’t the heal the material would scrape off on the toe. DSW shoes are expensive and you have to wait until its on clearance, but for the price I paid Im very unhappy with the product. They started out good and now there shoes are made crappy. Its not good fooling your customers and ripping them off bad for business. I will open a class action in NY with DSW.
DSW Fake Sale…it has to stop.. Not a very happy customer. We think we are getting a good deal, but what a rip off…
me too I spend lots of money for my girlfriend what piss me reall off she bought a shoes wore it 1 day the heal busted off she almost broke her angeal who do we blam the shoses cost 49.99
I had thought that maybe the shoes were made in another country.