Everyone loves a sale, and that is what the craft store Michaels was likely counting on when it began advertising its “custom framing” services as being 50% off. That would be a great deal, if Michaels was really offering customers 50% off on the regular price of custom framing. But when the “sale” lasts for two years or more, it is no longer a sale; instead, it is false and deceptive advertising. Under New York and other states’ consumer protection laws, it is deceptive practice to advertise a service or product as being on sale when, in fact, the sale price is the regular price. In other words, a “sale” that never ends is illegal.
And that is why New York Attorney General Eric T. Schneiderman recently announced that his office secured Michaels’ agreement to enter into a $1.8 million settlement for engaging in deceptive advertising practices by tricking consumers into thinking they were buying something on a sale when they were not. According to the Attorney General:
“For years, Michaels duped consumers into thinking they were receiving huge discounts, when in fact, they were simply paying the regular store price. Through deceptive advertising practices, this company violated the law and took advantage of hardworking consumers trying to save money.”
We applaud the Attorney General’s aggressive action to prevent deceptive practices wherever they might be found; however, the settlement does not provide regress to the consumers who were apparently cheated.
We are investigating a potential class action in New York and other states concerning Michaels’ deceptive sales practices. If you, or someone you know, paid for Michaels’ custom framing service and received the alleged discount, please contact us to discuss your legal options.