Perez Halpern English December 2018

Fake Discounts and Angry Shoppers A MASSIVE BLACK FRIDAY LAWSUIT

Shoppers flock to retailers every Black Friday in hopes of securing the best deals on the year’s hottest products. There are many nasty aspects of Black Friday — the long lines, the overzealous shoppers, the limited stock of items — but phony pricing and fake sales shouldn’t be among them. But that’s exactly what happened to folks in Los Angeles during the 2016 holiday season, leading to the biggest Black Friday lawsuit in history.

Duping your customers is a bad business practice, but what makes it illegal? Well, California law requires that retailers post a retail price no higher than what the product was sold at within three months prior to the ad. “Families today … are striving to get the very most they can get from an extremely hard-earned holiday shopping dollar,” said LA City Attorney Mike Feuer. “They deserve to make an informed decision.” After the suit was brought against them, the retailers all quickly moved to settle, promising to never engage in false reference pricing again. Most retailers offer discounts around the holidays to encourage shoppers to come into their stores or visit their websites. Promotions and sales are great tools in any business’s arsenal, provided they aren’t out to mislead customers. Big-box stores may try to manipulate innocent people, and it’s up to aggrieved customers to hold those corporations accountable. Nearly every year, you’ll read about a class-action lawsuit that develops in response to the shady tactics of businesses eager to secure those holiday shopping dollars. Are there great bargains to be had on Black Friday? Of course. But if something sounds too good to be true, it very well might be. Keep your eyes peeled and don’t let retailers trick you into a purchase you wouldn’t make otherwise.

In December of 2016, the Los Angeles City Attorney’s Office sued J.C. Penney, Sears, Macy’s, and Kohl’s for a practice called “false reference pricing,” a nefarious tactic whereby retailers lie about the original price of an item to make a discount appear bigger than it actually is. For example, Sears sold a Kenmore washing machine at a “sale price” of $999.99, compared to a “regular price” of $1,179.99. The problem was the so-called sale price was actually the price that product was offered at every day. Therefore, it wasn’t actually on sale.

YOUR ACTIONS MAKE A DIFFERENCE

Being involved in a collision can be a stressful time in your life. While you’re worried about bills, insurance, injuries, or the other people in your vehicle, you might not be thinking too hard about your actions. Being aware of how you are perceived after a collision is highly important. You might not realize the impact a simple act, such as texting your family to let them know what happened to you, can be used against you to prevent a claim that you deserve. Many people don’t know that everyone you interact with during the minutes and hours following a motor vehicle collision is watching you to see if you are genuinely hurt. Pérez Halpern, LLC recently had a client who was involved in an accident and witnessed this phenomenon firsthand. While they were taken from the collision site to the emergency room via ambulance, the client sat texting in the captain’s seat in the back of the ambulance. The EMS personnel saw the client doing this and noted that fact in the ambulance report. While there is no doubt in our minds that our client was hurt, we’re sure the at-fault insurance carrier will try to use this note to claim that our client may not have been truly injured at all. It’s sad to think that even the simplest of actions can

be used against you by an insurance carrier trying to wheedle their way out of getting you the money you need.

Attorney Meliha Pérez Halpern recommends that you try to be aware of your actions after an accident. While we understand that you are hurt and may have other things on your mind, be mindful of what can be perceived by others. If you start to face any problems with your insurance carrier, consult an attorney. One of the best things to do after you’re involved in a collision is to speak with a lawyer you trust. Our law office will do everything in our power to get you the compensation you need to recover from this sudden and unexpected event in your life. Let us know the extent of your collision, and we can help you decide the best course of action to take.

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