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Consumers, particularly online shoppers, are constantly looking for a discount. Given that “nobody pays retail anymore,” online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices. Publications such as the The New York TimesFN:1 have recently highlighted this phenomenon, which can create a false impression that consumers are getting significant savings. A Times survey concluded that many promoted products were not truly being offered at the advertised list price. Those findings are consistent with a number of lawsuits filed against leading online and brick-and-mortar retailers which challenge such practices.

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