Clark v. Eddie Bauer LLC

Summary

The Oregon Supreme Court answered the Ninth Circuit’s certified question, holding that a consumer can suffer an “ascertainable loss” under the Unlawful Trade Practices Act when misled about price history or comparative prices. The court affirmed the viability of the plaintiff’s purchase‑price theory of loss, finding that the loss measured by the amount paid is cognizable even absent a showing of diminished value. The decision was limited to that theory and did not address the plaintiff’s other loss theories.