Montes v. Sparc Group LLC

In a case where the federal district court in Washington certified a question to the Washington Supreme Court to resolve an issue of state law, NACA submitted an amicus brief to support the plaintiff in a lawsuit involving allegations of a “false discounting” scheme by a clothing retailer.  The plaintiff argued that she was induced to purchase clothing that was listed as “on sale” when the retailer never actually sold the clothing for the “full price” listed on the website.  The certified question that the Washington Supreme Court was asked to resolve is whether, at the pleading stage, a consumer’s purchase of goods under these circumstances satisfies the injury requirement of the state’s consumer protection statute.  NACA’s brief argues that it does and that a plaintiff need not allege more at the pleading stage to survive a motion to dismiss.