Oregon Court Asked to Define ‘Loss’ in Eddie Bauer Price Suit

A lawsuit alleging that Eddie Bauer LLC duped outlet store customers with fake sales has drawn a request from the Ninth Circuit to Oregon’s top court about whether a purportedly exaggerated bargain is a loss under the state’s consumer protection law.

Susan Clark said she bought clothing from Eddie Bauer Outlet Stores that advertised sales of 40%–70% off. The garment price tags included a higher supposed “list price,” and a lower purported “sale” price.

Clark alleged the list prices were misleading because some clothes were never sold at the higher price and the outlet stores have perpetual percentage-off sales.

But ...