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AT&T’s Connectivity Guarantee
Is it still a guarantee if it has strings attached?
April 2019: A state court judge preliminarily approved a settlement agreement that would provide class members with one merchandise certificate for $11 off of a future purchase at a Fossil outlet store in California. The settlement agreement does not provide injunctive relief, but Fossil represented that it had already modified its pricing practices at Fossil outlet stores in California. A final fairness hearing is scheduled for August 20, 2019.
March 2019: The case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. and plaintiffs refiled the case in California state court. (Safransky v. Fossil Group Inc., Case No. 56-2019-00526181, California State Court – Ventura County)
September 2017: A class-action lawsuit was filed against Fossil for allegedly deceptively advertising discounts at its outlet stores. According to the complaint, stores misleadingly represent savings by comparing the discounted prices to false original prices that were not a price at which the item was previously sold or a prevailing market price within the three months immediately before the publication of the ad, as required by California law. In addition, the complaint alleges that products are designed and manufactured exclusively for outlet stores, meaning that they were never sold at the represented price in the retail stores (where higher quality products are sold). (Safransky et al v. Fossil Group, Inc., Fossil Stores I, Inc., and Does 1-100, Case No. 17-cv-1865, S. D. CA.)
For more information about the advertising of discount prices and TINA.org’s coverage of the issue, click here.
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