Judge Michael Mosman, an Oregon federal district court judge, dismissed a consumer’s proposed class action suit against Nike, Inc. The consumer had alleged that the company duped shoppers at its outlet stores with false suggested retail prices on items, leading them to believe that they were getting a discount.
Judge Mosman ruled that the plaintiff had failed to adequately plead fraud in the proposed consumer class action suit. The dismissal allows the plaintiff to amend her complaint, however.
Judge Mosman also dismissed all of the claims under California’s false advertising law, its Consumers’ Legal Remedies Act, the Unfair Competition Law and unjust enrichment claims.
Representatives for both parties did not immediately respond to requests for comment.
The case is Taylor v. Nike Inc., case number 3:16-cv-00661, in the U.S. District Court for the District of Oregon, Portland Division.