Kohl’s class action claims store makes false, misleading price comparisons

Kohl’s class action overview: 

• Who: Kohl’s Corporation is facing a class action lawsuit from Plaintiff Michelle Cortez Gomez. 
• Why: Kohl’s is accused of falsely inflating comparison prices in order to give the illusion of a discount on products.
• Where: The Kohl’s class action was filed in federal court in Wisconsin.

Kohl’s Corporation is facing a class action lawsuit accusing the company of posting false comparison prices in order to give the illusion of better deals on its products.

An analysis of the prices on Kohl’s website over a 90-day period showed that many products were on sale for all 90 days and at least 9,007 products were on sale at least 46 days out of every 90-day window.

Kohl’s also offers an array of promotions such as BOGO (buy one, get one), coupons and “Kohl’s cash” to discount merchandise.

“In reality, the purported ‘savings’ and discounts are all false, misleading, and in violation of Wisconsin law because Kohl’s does not regularly sell its products in substantial quantities at the higher advertised comparison prices; nor does it make good faith offers to sell its merchandise at those prices for a substantial period of time,” the Kohl’s price comparison class action claims. “In fact, Kohl’s sells, at most, only a tiny fraction of its products at their purported ‘Regular’ or ‘Original’ price. And, many products are never sold at the advertised comparison prices.”

Kohl’s knows customers pay more than market normally pays but tries to influence consumer behavior, lawsuit claims

Because the Kohl’s sale prices don’t represent a lower price than the market usually pays, consumers don’t benefit from the sales that Kohl’s advertises, the Kohl’s price comparison class action claims.

Kohl’s knows that its price comparisons influence the behavior of consumers and get them to buy the merchandise believing they are getting a good deal.

Kohl’s is also facing a class action lawsuit claiming that the company continues to send promotional text messages to consumers who have requested to opt out of receiving them. 

Do you shop at Kohl’s for the sale prices? Let us know in the comments.

The plaintiff is represented by Martin Woodward and Matthew Zevin of Kitner Woodward, Albert Y. Pak of Keller Postman LLC along with Todd D. Carpenter and James B. Drimmer of Lynch Carpenter LLP.

The Kohl’s class action lawsuit is Gomez v. Kohl’s Corporation, Case No. 3:23-cv-00678, in the U.S. District Court for the Western District of Wisconsin.

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