Wisconsin and California shoppers who bought discounted products on Duluth Trading Co.’s website may be covered by a proposed class action alleging Duluth advertised inflated former or regular prices next to sale prices so its discounts looked bigger than they were. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Duluth Holdings, Inc. denies them, has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Duluth Holdings, Inc., which sells workwear and casual clothing as Duluth Trading Co., was sued in the Circuit Court for Dane County, Wisconsin on August 14, 2026 in a proposed class action over the sale prices on its website. Duluth, which is based in Wisconsin, removed the case to the U.S. District Court for the Western District of Wisconsin on October 2, 2026. The case is Hoopman v. Duluth Holdings, Inc., No. 3:26-cv-00997, assigned to Judge William M. Conley.The suit targets what are often called fake reference prices: a crossed-out “regular” or “original” price shown next to a lower sale price, where the higher price was rarely if ever actually charged. Duluth says the claims are without merit and that it will dispute them. The court has not ruled on anything.
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What Does the Complaint Allege?
The state-court complaint has not been posted publicly, so this section relies on Duluth’s own summary of it in the notice of removal, which cites the complaint paragraph by paragraph. According to that summary, the plaintiffs allege that Duluth ran a false price-discounting scheme on its e-commerce website by listing products with a purported former, original or regular price next to a lower “sale” price.They allege the reference prices were inflated, outdated or did not reflect real prevailing prices; that Duluth kept products at supposedly discounted prices for long stretches; and that it rarely, if ever, offered or sold them at the higher reference price. The plaintiffs say they bought discounted products relying on those reference prices and paid more than the products’ true market value, and that this price premium can be calculated for the whole class from Duluth’s sales data.
The Legal Claims
The two Wisconsin plaintiffs bring claims under Wis. Stat. § 100.20 and Wisconsin’s price comparison advertising rule, Wis. Admin. Code chapter ATCP 124, with unjust enrichment as an alternative. Wisconsin law lets a person who loses money because of a violation of such a rule recover twice the loss, and the complaint seeks that double recovery for the Wisconsin class. The California plaintiff brings claims under California’s False Advertising Law and Unfair Competition Law, which allow restitution. The complaint also asks for an injunction and attorneys’ fees.Who Would Be Covered?
The complaint proposes two classes: a Wisconsin class and a California class of people who bought products at purportedly discounted prices from Duluth. It is not a nationwide case. The complaint estimates the classes include hundreds of thousands of people. Only the court can certify a class, and it has not done so.Similar Fake-Sale Lawsuits
Reference-price suits have been filed against many retailers. OCA has covered similar cases against American Eagle, Best Buy, iRobot and Snapfish. Their outcomes often turn on whether the plaintiffs can show the higher price was not a genuine, recent price at which the product was actually offered.What Happens Next
Now that the case is in federal court, Duluth’s response to the complaint is the next step, typically a motion to dismiss in reference-price cases. The plaintiffs could also ask to send the case back to state court. There is nothing to file and no deadline for consumers. OCA will update this page if the case is dismissed, certified or settled.Questions
What is the Duluth Trading lawsuit about?
It alleges that Duluth Trading Co.’s website showed products with a former, original or regular price next to a lower sale price, that those reference prices were inflated or outdated, and that items stayed on sale for long periods and were rarely if ever sold at the higher price. The plaintiffs say that made the discounts look bigger than they were. Duluth denies the claims.
Who is covered by the Duluth Trading class action?
The complaint proposes a Wisconsin class and a California class of people who bought discounted products from Duluth’s website. It is not a nationwide class, and no class has been certified.
What is Wisconsin’s price comparison rule?
Wisconsin Administrative Code chapter ATCP 124 sets rules for price comparison advertising, such as claims that an item was formerly sold at a higher price. Under Wis. Stat. § 100.20(5), a person who suffers a monetary loss because of a violation of such a rule can sue for twice the amount of the loss, plus costs and attorneys’ fees.
Can I get money from the Duluth Trading lawsuit?
Not now. The case is at the complaint stage, there is no settlement and no claim form. Money would only be available if the case settles or the plaintiffs win.
Sources
• Notice of removal, Hoopman v. Duluth Holdings, Inc., No. 3:26-cv-00997 (W.D. Wis., October 2, 2026), embedded below, the source of the case description above.• The case docket on CourtListener.
