9th Circ. Revives False Ad Suit Over Kohl's Price Discounts

Law360, Los Angeles (May 21, 2013, 8:17 PM EDT) -- A Ninth Circuit panel on Tuesday revived a putative class action brought against Kohl’s Corp. by a consumer who alleged false advertising, rejecting the company’s argument that the customers suffered no economic injury when allegedly deceived into buying items with falsely advertised discounts.

The decision comes four months after oral arguments in the case, during which the Ninth Circuit panel expressed skepticism about the retail chain’s argument that customers suffered no economic injury. Kohl's attorneys had argued that, even if the products were advertised as being...
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