In a new article for Law360, Akerman litigators Ellen Robbins and Scott Allbright explore the recent uptick in consumer class actions alleging retailers are misleading customers with "fake discounts." Robbins and Allbright explain that the lawsuits are filed under a triumvirate of California's consumer protection laws and often target retailers with a significant internet-to-consumer business, or those with a wholesale or outlet branch. The plaintiffs claim the retailers in these cases are using deceptive pricing tactics, such as discounts based on allegedly fictitious reference (or former) prices and perpetual sales.

"Our review of dozens of court dockets shows that claims of permanent sales and misled customers are — to borrow an advertising term — 'puffery,'" the duo write. "Pleading these cases can be tricky, as the fraudulent sales claims are subject to a heightened pleading standard in federal — and most state — courts."