The Fake Sale Price Claims
Old Navy's perpetual sale promotions use 'original prices' that were allegedly never actually charged, creating an illusion of savings on what is actually the regular selling price. FTC guidelines require reference prices to be bona fide prices actually charged for a reasonable period.
Plus-Size Pricing Disparity
A separate class action alleged Old Navy charged $12-$15 more for plus-size (1X-4X) versions of otherwise identical items than standard sizes. Old Navy announced plans to eliminate plus-size price differentials, but plaintiffs alleged the implementation was incomplete.
Status 2026
Old Navy pricing litigation is in proceedings. Some earlier cases have settled; new claims continue. No comprehensive current settlement announced.
How to Get Legal Help
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Old Navy Class Action: Fake Sale Prices & Plus-Size Pricing Claims: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Is Old Navy being sued for fake sale prices?
Yes. Consumer class actions allege Old Navy's sale prices are based on fictitious original prices.
Is charging more for plus sizes legal?
Consumer protection claims have challenged the practice when items are marketed as identical. No federal law specifically prohibits it.
Did Old Navy change plus-size pricing?
Old Navy announced a policy change. Implementation was contested in litigation.
Is there an Old Navy settlement?
No current comprehensive settlement announced.
How do I know if a sale price is genuine?
FTC rules require reference prices to be prices actually charged. Perpetual sales using the same reference prices may not meet this standard.