The Discounts at Kohl’s

July 2017: The First Circuit Court of Appeals affirmed the district court’s dismissal of this case.

February 2016: A federal judge dismissed a false advertising lawsuit against Kohl’s. The complaint, which was transferred to federal court in March 2015, alleged that the store misrepresented the existence, nature, and amount of price discounts by misleadingly comparing a discounted price to a false “original” price. According to the plaintiffs, the “original” prices were fabricated, inflated, and did not represent the prevailing market price within the three months immediately before the advertisement. In dismissing the action, the judge found, among other things, that the complaint did not adequately allege injury. In addition, the judge denied the named plaintiff’s motion to amend the complaint.

Plaintiffs filed a Notice of Appeal of the dismissal later in February. (Mulder v. Kohl’s Department Stores, Inc., Case No. 15-cv-11377, D. MA.)

For more information about the deceptive advertising of discounts and TINA.org’s coverage of the issue, click here.