Today’s MarketingBrooks Brothers loses bid to end strike through price lawsuit
A federal judge in California ruled on October 22, 2026 that terms links in the Brooks Brothers site footer and beside its checkout sign-up boxes did not bind a shopper who bought without an account, so the case stays out of arbitration. The suit says a polo sold for $39.99 next to a crossed out $89.50 price it had not sold at in the prior three months, which California law requires. The judge also refused to dismiss the case or strike its class allegations, but has not ruled on whether the price was misleading.
Our take
Crossed out prices are a legal claim, not a design choice. If your store shows a was price, keep records that you sold at that price recently, and drop the strike through on anything you cannot back up. And do not count on a footer link to your terms to protect you, because this court said it does not.
