In a 4-3 majority opinion, the New Jersey Supreme Court rejected shoppers’ allegations that they did not really receive a deal when purchasing clothing marked on sale at Aeropostale because the plaintiffs purchased non-defective items absent any ascertainable loss pursuant to the Consumer Fraud Act.

In the underlying case, Robey v. SPARC Group LLC, against Aeropostale’s parent company, the court considered the alleged practice of “illusory discounts,” in which the plaintiffs claim that the items they purchased were never offered for purchase at the “original” prices on the price tag, thereby rendering the advertised “markdowns” as illusory, according to the opinion.