JC Penney Shoppers Win Class Cert. In False Discount Suit

By Daniel Siegal (May 18, 2015, 10:41 PM EDT) -- A California federal judge on Monday certified a class of J.C. Penney Corp. Inc. customers allegedly tricked by the retailer into believing they were getting deeper discounts on apparel than they actually were, ruling the alleged advertising scheme can be evaluated "in one stroke."

Named plaintiff Cynthia Spann had alleged J.C. Penney advertised false "original" prices on "sale" merchandise to make it look like customers were getting a discount on items.

On Monday, U.S. District Judge Fernando Olguin issued an order certifying Spann's proposed class of customers, writing that testimony from Brian J. Bergmark, founder of economic and accounting services firm...

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