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Commercial Law Regulation

Online Discount Pricing Policies Face Increasing Scrutiny

Consumers, particularly online shoppers, are constantly looking for a discount. Given that "nobody pays retail anymore," online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices.

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Consumers, particularly online shoppers, are constantly looking for a discount. Given that “nobody pays retail anymore,” online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices. Publications such as the New York Times have recently highlighted this phenomenon, which can create a false impression that consumers are getting significant savings. See, “It’s Discounted, but Is it a Deal? How List Prices Lost Their Meaning,” New York Times (March 6, 2016). A Times survey concluded that many promoted products were not truly being offered at the advertised list price. Those findings are consistent with a number of lawsuits filed against leading online and brick-and-mortar retailers which challenge such practices.

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