Macy's / Bloomingdale's Fake Sale Price & Reference Price Consumer Fraud Class Action
Case Overview
This consumer fraud class action, filed in June 2024, challenges Macy's and Bloomingdale's longstanding practice of advertising merchandise with inflated 'original' or 'compare at' reference prices alongside steep discount percentages — a pricing tactic plaintiffs argue is systematically deceptive. The complaint alleges that products displayed as 'Was $120, Now $49.99 — Save 58%' were never actually sold at the reference price in any meaningful quantity or for any meaningful period, making the advertised discount an illusion. Plaintiffs contend this practice violates the FTC's Guides Against Deceptive Pricing, New York General Business Law, and consumer protection statutes in numerous other states where Macy's operates.
The case echoes successful prior litigation against retailers including J.C. Penney, Kohl's, and Michael Kors over fictitious pricing, and plaintiffs point to investigative reporting and price-tracking data demonstrating that Macy's 'sale' prices are effectively the everyday prices for most merchandise. The lawsuit seeks class certification for all U.S. consumers who purchased items at Macy's or Bloomingdale's stores or online platforms in reliance on advertised reference prices within the past four years, and demands compensatory damages representing the portion of purchase price attributable to the deceptive discount representation, disgorgement, and injunctive relief requiring truthful price advertising going forward.
Who May Qualify
U.S. consumers who purchased merchandise from Macy's or Bloomingdale's retail stores or online platforms at an advertised sale or discount price within the applicable statute of limitations (generally four years prior to the filing date), where the advertised 'original' or 'compare at' reference price is alleged to be fictitious.
Frequently Asked Questions
Is it illegal for Macy's to show fake sale prices?
Under FTC guidelines and many state laws, advertising a 'former price' or 'compare at' price is deceptive if the item was never genuinely offered at that price in the recent past. This lawsuit alleges Macy's routinely violates these standards. Whether this rises to liability will be determined by the court.
How can I prove I was deceived by Macy's fake sale prices?
You do not need to have tracked prices yourself. The lawsuit relies on aggregate pricing data, historical sales records obtained in discovery, and evidence that items were almost never sold at their advertised 'original' prices. Class members would generally need to show they made a purchase at an advertised discount from a fabricated reference price.
Has Macy's been sued for fake pricing before?
Yes. Macy's and similar department stores have faced prior state-level investigations and smaller consumer complaints over reference pricing. This federal class action represents a broader, consolidated effort to hold the company accountable on a nationwide basis.
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