Retailers face a surge in class action lawsuits over deceptive pricing practices, with cases doubling in the past year. In a new Retail TouchPoints article, Akerman attorneys Ellen Robbins and Scott Allbright discuss how these lawsuits target both large and small retailers, including online-only businesses, claiming various misleading tactics. Three main situations are identified: advertising fictitious "regular" prices, creating false urgency with fake expiration dates, and using deceptive comparative pricing in outlet stores.

California is a hotspot for these lawsuits due to its consumer-friendly laws. The central legal issue revolves around advertising former prices that were not the prevailing market price within the previous three months. Plaintiffs argue that consumers only made purchases believing they were getting a deal.