Overstock
After initially relying solely on word-of-mouth advertising and marketing from clients, 12 the company turned to distinctive tv commercials starring German actress Sabine Ehrenfeld thirteen 14 Later, they’d employ other promoting spokespersons.
THE TROUTMAN TAKEAWAY: The 2014 Overstock determination presaged a wave of class action litigation in opposition to retailers. Dozens of complaints have been filed alleging that retailers displayed false former costs or made misleading comparisons to their rivals’ prices. J.C. Penney settled a class motion alleging that it marketed false regular” and unique” prices for $50 million and there have been other multi-million dollar settlements. A slew of cases have additionally alleged that retailers’ outlet stores made deceptive comparisons to prices charged on completely different, increased high quality merchandise at the retailers’ mainline stores. As these class actions continue to be filed, the choice in the Overstock appeal is a reminder that state and native regulators also have …
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