COUNTYWIDE : Suit Says Mervyn’s Used Misleading Ads

The Orange County district attorney’s office filed suit Thursday against Mervyn’s department stores, contending the chain has used misleading advertising.

The lawsuit, filed in Orange County Superior Court in Santa Ana, alleges that the store engaged in unfair business practices by placing misleading ads in newspapers touting sales which were held in April and May.

The first round of ads told customers that Mervyn’s was holding a “Buy More Save More” sale, which meant that the greater the quantity of merchandise purchased, the greater the percentage discounted from each item, the lawsuit says.

That was false, because customers were charged the advertised price for single-item purchases even when they bought more than one of the item, the suit says.

The second group of advertisements announced that Mervyn’s was holding a sale May 26 in which all items would be priced at 50% or less of normal retail price. But various items in that sale were offered at discounts of less than 50% off, according to the lawsuit.

Mervyn’s officials could not be reached for comment on the lawsuit, which was filed by the consumer and environmental protection unit of the district attorney’s office in conjunction with the state attorney general.

The district attorney is seeking a court order halting the allegedly unfair practices and a $2,500 civil penalty for each purportedly false statement.