Aéropostale Fake-Sale Suit Needs Input From State Supreme Court

The Ninth Circuit asked the Washington Supreme Court for help deciding whether apparel retailer Aéropostale violated the Washington Consumer Protection Act by allegedly conducting a fake-sale scheme to drive up demand for its products.

The question certified to the state court by the US Court of Appeals for the Ninth Circuit asks whether a consumer suffers an injury under the CPA when a merchant’s advertisement misrepresents a product’s “discounted price, comparative price, or price history” and the consumer buys the item at the advertised price because of it.

Shawnna Montes paid $6 for leggings, believing they regularly cost $12.50. She ...