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  • Retail legal rumblings: An appeals court in California rules that Kohl's (KSS) can be sued over what consumers perceive is false advertising. The court said California consumer law will allow lawsuits in cases where a customer would not have made a purchase except for the false bargain. The ruling could set up an avalanche of similar lawsuits in California against retail chains. [View news story]
    JCP tried it without running sales and look where it got them!
    May 22, 2013. 09:47 AM | Likes Like |Link to Comment
  • J.C. Penney (JCP) is asking manufacturers to artificially inflate prices on merchandise so that the retailer can tag the items with its "lower" prices, according to inside sources. Though it can't be the first time in retail the trick has been pulled, it still smacks of desperation as JCP looks to turn around its vanishing same-store sales. [View news story]
    The use of "regular" as defined by the FTC is very specific and requires merchandise to be floored at that price for a period of time and then to go back to that price. JCP can't use regular which is apparently why they want MFG suggested pricing from which they can discount to everyday low prices. But consumers don't trust MFG suggested so the tactic is usually ineffectual; can't see why it would be anymore effective at JCP.
    Jan 24, 2013. 09:26 AM | 2 Likes Like |Link to Comment