It seems like there is always a sale at Lowe's, and if that seems too good to be true, it is. Lowe’s prominently advertised its appliances as being 10% off. However, Lowe’s almost always had a “sale” on its appliances, and in fact, it appears that all customers receive at least a 10% off, because the “discounted” price is actually the regular price.
Under most states’ consumer protection laws, it is a 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. In fact, Lowe’s recently capitulated to the National Advertising Division, who found that it was improper to offer a perpetual sale and to misleadingly suggest that consumers had to purchase appliances by a certain date in order to take advantage of the “sale” price.
The NAD found that Lowe’s advertisements included an offer end date that was then modified in subsequent advertising to a later date after the stated sale period ended. The sale was extended continually throughout at least July and August 2012. MDPCE is investigating a potential class action concerning Lowe’s apparently deceptive sales practices.
If you or someone you know purchased an appliance from Lowes as part of a “10% off” sale, please contact us to discuss your legal options.