KIM v. CARTER'S INC.

Nos. 09-2169, 09-2186.

598 F.3d 362 (2010)

Su Yeun KIM, on behalf of herself and all others similarly situated, and Gina Polubinski, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. CARTER'S INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 2010.


Attorney(s) appearing for the Case

Peter S. Lubin (argued), Ditommaso Lubin, Oakbrook Terrace, IL, for Plaintiff-Appellant.

Mark P. Szpak (argued), Ropes & Gray, Boston, MA, for Defendant-Appellee.

Before BAUER, KANNE, and TINDER, Circuit Judges.


TINDER, Circuit Judge.

Our consumer culture thrives on hunting for the best deal. Wise to this fact, retailers try to lure customers with advertised sales that promise huge savings off the regular price. But the promised savings are false if a store simply recasts its regular price as a discount off some higher, made-up, "suggested" price that no one ever pays. Plaintiffs Su Yeun Kim and Gina Polubinski claim that they were the victims of such deceptive pricing by...

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