Discounts at Aéropostale -

Case Name (Date)	Allegations	Status
Montes et al. v. Catalyst Brands LLC, SPARC Group LLC, and Penney OPCO LLC 25-cv-281, E.D. Wash. (July 2025)	Falsely advertising discounts off of artificially inflated reference prices Falsely advertising discounts as available for a limited time Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by charging more for the first product	Dismissed; appeal and cross-appeal filed
Montes et al. v. SPARC Group LLC 22-cv-201, E.D. Wash. (Sept. 2022)	Falsely advertising discounts off of artificially inflated reference prices Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by increasing the price of the first product	Dismissal affirmed in part and reversed in part; remanded for leaved to amend the complaint (9th Cir.)
Lisner et al. v. Aero Opco LLC et al. 21-cv-5713, C.D. Cal. (June 2021)	Falsely advertising discounts off of artificially inflated reference prices Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by charging more for the first product	Dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. and then voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

Case Name
(Date)

Allegations

Status

Montes et al. v. Catalyst Brands LLC, SPARC Group LLC, and Penney OPCO LLC
25-cv-281, E.D. Wash.
(July 2025)

Falsely advertising discounts off of artificially inflated reference prices

Falsely advertising discounts as available for a limited time

Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by charging more for the first product

Dismissed; appeal and cross-appeal filed

Montes et al. v. SPARC Group LLC
22-cv-201, E.D. Wash.
(Sept. 2022)

Falsely advertising discounts off of artificially inflated reference prices

Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by increasing the price of the first product

Dismissal affirmed in part and reversed in part; remanded for leaved to amend the complaint (9th Cir.)

Lisner et al. v. Aero Opco LLC et al.
21-cv-5713, C.D. Cal.
(June 2021)

Falsely advertising discounts off of artificially inflated reference prices

Falsely advertising that consumers who purchase merchandise can get “free” items when the retailer recovers the cost of “free” products by charging more for the first product

Dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. and then voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.