Discount Deception—A New Jersey man is seeking compensatory damages in excess of $5 million in a putative class action against a children’s clothing company, alleging it inappropriately advertises sales that don’t actually exist.

David Legendre, who filed suit in the U.S. District Court for the District of New Jersey, alleges that Tween Brands Inc., which operates 34 New Jersey stores under the Justice name and over 850 nationwide, continuously advertises a 40 percent sale on all items. By consistently telling customers the stores’ clothing, which is targeted at tween girls, is being sold at a discount, consumers are not actually getting any discount.

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