May 2017: This case was stayed pending a Supreme Court of New Jersey decision.
February 2017: A false advertising class-action lawsuit was filed against Jos. A. Bank Clothiers in February 2017. The complaint alleges that the store deceptively advertises limited time discounts of “up to” a certain percentage on apparel and other merchandise when, according to plaintiffs, the percentage represents a maximum discount and most of the merchandise in the sale has been discounted by a smaller percentage. The complaint also alleges that the store does not advertise the minimum percentage reduction along with the maximum percentage reduction, as required by New Jersey state law. The lawsuit was transferred from state court to federal court in April 2017. (Leese et al v. Jos. A. Bank Clothiers, Inc., Case No. 17-cv-2410, D. NJ.)
For more information about the advertising of pricing discounts, click here.