False‑advertising lawsuits built on “fake discount” or “deceptive sale” allegations are on the rise in New York. These cases typically assert violations of GBL §§ 349 and 350, claiming that the retailer fabricated “former” prices to create the appearance of savings. Yet New York trial courts have shown they are far from uniform in allowing these cases to proceed. The key battlegrounds are now price‑premium injury and the increasingly common use of Wayback Machine screenshots to imply…
