Gap, Old Navy Discount Price-Deception Win Affirmed on Appeal

A shopper didn’t raise viable claims against Old Navy LLC and its parent Gap Inc. over an allegedly deceptive discount scheme because she didn’t show she suffered a loss, the Eighth Circuit affirmed Tuesday.

Jill Hennessey filed a proposed class suit alleging the companies violated the Missouri Merchandising Practices Act. Although consumers were led to think they were getting great deals, they didn’t get what they bargained for because most merchandise wasn’t sold at the advertised “regular” prices before being offered at the purported “sale” prices, she said.

• She didn’t show a loss under the Missouri law because she didn’t ...