By National Law Review
A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact the case.
According to the plaintiff, Foot Locker’s use of misleading marketing materials and other “dark patterns” is intended to induce sales and create a false sense of urgency. The complaint seeks class certification and a jury trial on all issues, along with monetary, statutory, and/or punitive damages, costs and expenses, and reasonable fees for attorneys and experts.
Foot Locker Being Stomped on for Alleged Misleading Sales
The class action complaint alleges that Foot Locker promotes sales through “urgency dark patterns” both online and in brick-and-mortar stores, meaning that Foot Locker is misleading consumers to believe that if a product is not bought quickly, it will become unavailable. To substantiate these allegations, the complaint includes photographs, such as the one below, of advertisements describing products as “hot” and urging customers to “purchase before it sells out.” Despite these advertisements, however, the complainants insist that an examination of Foot Locker’s actual inventory would indicate that the relevant products were not at risk of becoming unavailable.
“Although the footwear and apparel industry looks stronger than ever, the Foot Locker case provides an insight into the unscrupulous business practices and psychological tactics that may be employed to misrepresent a product’s hype. The FTC Act is violated when there is a representation, omission or practice that is likely to mislead a reasonable consumer. If the class substantiates its claims, we should get an interesting insight into the net revenue produced by Foot Locker’s misleading marketing.”
-Sarah Sladick, Rose Law Group litigator
