Wisconsin Supreme Court to decide if Kohl’s can be sued over ‘misleading’ discounts

(Legal Newsline) — A federal appeals court has asked the Wisconsin Supreme Court to decide if a Wisconsin state law allows customers from across the U.S. to sue retail chain Kohl’s over claims the retailer misleads customers over how much money they are actually saving.

The underlying litigation stems from a lawsuit filed by named plaintiff Michelle Cortez Gomez. Gomez claims she bought a $100 portable speaker in May 2023 and said she only did so because of the advertised $30 discount. She said she later learned the chain almost never sold the product at the regular price.

She and other named plaintiffs want to sue Kohl’s under the Wisconsin Unfair Trade Practices Act state law.

U.S. District Judge James Peterson dismissed the complaint, saying a federal law known as the Class Action Fairness Act only gives federal courts jurisdiction over complaints alleging damages of more than $5 million. The judge further said Gomez wasn’t entitled to recover...