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NFT: How does Joseph A. Bank get away with seeming fraud?

manh george : 12/19/2014 12:56 pm
I use some of their stuff, when it is on the best-super sale, and have gotten very good mileage out of it. Nevertheless, I have always wondered how they get away with being misleading, consistently, about what their actual list prices are. "Buy one, get three free" means paying 25% of what they CLAIM the list selling price is, but typically, the selling prices run from 25% of list on the low side, to 50% of list if you aren't careful enough.

I just wonder how they get away with claiming a list price at which virtually no garments are sold, ever. After all, they have hundreds of physical stores in addition to selling on line, and I would have thought that in at least some states "list" has to be based upon a price at which something had actually been sold to someone, somewhere.

I guess they hire stupid people to pay list once in a while to establish the starting price.
I guess in that business you're allowed to make claims  
Bill in UT : 12/19/2014 12:59 pm : link
out of whole cloth
Right.  
Taggart : 12/19/2014 1:07 pm : link
Its like they're giving you the sleeves off their vest.
They need to be  
bob in tx : 12/19/2014 1:08 pm : link
cuffed and taken away.
Big Y supermarkets do something similar as well  
Chef : 12/19/2014 1:10 pm : link
I used to work there part time years ago... They do a buy one get two free sale every 4 weeks or so.. They raise the cost of the items just before the sale starts. They also prey on people who don't pay attention to cost per unit prices, expecially in their meat.. Example: Chicken breast buy 1 package get two free... but look at the cost per unit, $5.99 a lb. So essentially the sale price is $1.99 a lb.. which is not some great outstanding price. They would rather give you the product rather than give you money back
List price is exactly what it says...  
BMac : 12/19/2014 1:12 pm : link
...It's the industry/manufacturer recommended" price and there's nothing remotely illegal about quoting it. This is where the term caveat emptor comes into play.

As an educated consumer, you should know the difference between list price and actual selling price in the marketplace. List price is the "gimmick" used to suck in unsophisticated shoppers; it's the primary driver behind Black Friday-type sales in which only about 3% of the sale items are actual deals.

Do your due diligence and you'll not be sucked in by such "deals."
That marketing approach is pretty fascinating though  
Taggart : 12/19/2014 1:12 pm : link
It's tailor made for suckers and cheapskates.
.  
Dr Knockboots : 12/19/2014 1:13 pm : link
The whole thing is inseamly, if you ask me.
Let's not hem and haw  
bob in tx : 12/19/2014 1:16 pm : link
about this. Someone should tie Banks to a tree and use a belt on him.
I assume they are using the term loosely  
steve in ky : 12/19/2014 1:16 pm : link
and view it not as their own list pricing but instead as a Manufactures List Price" and since they are a discounter they as a standard policy always sell below "list" but in some cases as these advertised specials you point out by even greater amounts than usual.
they have a  
Bill in UT : 12/19/2014 1:18 pm : link
vested interest in doing what suits them. Just sugar coat the deal and pocket the difference.
BMac already hit on my point as I was typing  
steve in ky : 12/19/2014 1:19 pm : link
.
And don't forget the poor quality.  
Taggart : 12/19/2014 1:19 pm : link
Their threads suck!
Bed Bath & Beyond  
GIANTSr01 : 12/19/2014 1:21 pm : link
does the same with their 20% off coupons that never actually expire. I'm sure their "list" prices account for the 20% reduction.
I'd sock'em but my hand  
bob in tx : 12/19/2014 1:22 pm : link
is in stitches.
It's all built on a...  
BMac : 12/19/2014 1:24 pm : link
...false fabric of lies and deceit.
At least they have a plan and don't just price thing off the cuff  
steve in ky : 12/19/2014 1:26 pm : link
.
I guess BMAC hit the nail on the thread.  
manh george : 12/19/2014 1:34 pm : link
It "seams" to do with vertical integration: unlike most other retail clothiers, Bank is vertically integrated from clothing manufacturing to point of sale. They sell nothing but their own brands. So unlike, say, Men's Wearhouse, Bank gets to set their own "manufacturers list price," even if it has nothing to do with reality.

I could still swear that I had read rules for NYC in particular that advertised sales had to show price discounts from some actual price level. I guess I was wrong.
They don't cotton to folks  
bob in tx : 12/19/2014 1:37 pm : link
like Banks in Pima County,Arizona.
It's called Bait and Switch  
BigBlueDownTheShore : 12/19/2014 1:39 pm : link
it's what they doo
You'd have a better chance of suing a department store Santa for  
Marty in Albany : 12/19/2014 1:40 pm : link
breach of an oral contract.

Oh wait...I need a pun.
Okay, that sews up this threads thread.
Welcome  
Sammo284 : 12/19/2014 1:41 pm : link
To the world of retail and business marketing.
Mens Warehouse  
Fish : 12/19/2014 1:41 pm : link
is a joke as well. Same gimmick.
I apologize for the spelling error.  
manh george : 12/19/2014 1:41 pm : link
That should have been seaming fraud.
Men's Wearhouse uses other tricks, and is probably more duplicitous.  
manh george : 12/19/2014 1:46 pm : link
Their salesmen apparently get bonuses if they succeed in selling you mismatched, incorrectly labeled or damaged merchandise, especially during buy 1 get 1 free sales. I bought at one of those sales just once, and both garments had problems that the salesman manged to hide when I tried them on. I had to fight like heck to get a refund.
Can't blame them  
RB^2 : 12/19/2014 1:55 pm : link
One of the problems retail is having is that no one buys full price anymore. The whole sector is one huge bloodbath.
I certainly found that to be true...  
manh george : 12/19/2014 1:57 pm : link
at Blood Bath and Beyond.
Haha  
RB^2 : 12/19/2014 1:58 pm : link
good one!
Didn't Kohls get hemmed up for doing the same thing?  
Dunedin81 : 12/19/2014 1:59 pm : link
Upping prices so they could then reduce them?
Seems like there was a lawsuit  
Deej : 12/19/2014 2:04 pm : link
that was dismissed. Link to article below.
Link - ( New Window )
Thx Deej.  
manh george : 12/19/2014 2:07 pm : link
That deals with one of the issues I wondered about: how does one get standing without admitting/proving that he was stupid enough to be fooled by the phony prices in the first place?
The sales approach at mens wearhouse  
Taggart : 12/19/2014 2:09 pm : link
Is pure comedy. I went there once a few years ago and ended up pretty much just laughing at the clowns there. Walked out empty handed.

Yeah, there are a lot of wrinkles on the face of the retail industry. Hopefully it'll all get ironed out someday.
Out of curiosity  
napoleon : 12/19/2014 2:10 pm : link
Where do you guys get your suits from?
It seems they are riding the  
mjvm52106 : 12/19/2014 2:11 pm : link
coattails of retailers before them. I have not heard a peep from them so it would seem management has told their employees to button up and keep their yaps zipped shut. I suspect their will be a few collars down the road once the investigation gets started unless someone is on the take and pockets the evidence.
RE: Out of curiosity  
arcarsenal : 12/19/2014 2:20 pm : link
In comment 12043158 napoleon said:
Quote:
Where do you guys get your suits from?


Josef A. Bank
I go to Nordstrom  
Taggart : 12/19/2014 2:24 pm : link
for their big annual sale, which is held right around my birthday. If you hit it right, you can score a $1000+ suit (eg hickey freeman) for like $400-500. When i get one, my wife likes to call it my birthday suit.
SNL Nailed this last year  
ballanda : 12/19/2014 2:32 pm : link
Must watch if you haven't seen it.
SNL - ( New Window )
RE: I certainly found that to be true...  
BMac : 12/19/2014 2:38 pm : link
In comment 12043111 manh george said:
Quote:
at Blood Bath and Beyond.


Now that's a store where they really make a killing!
Isn't Black Friday sort of the same thing?  
Curtis in VA : 12/19/2014 2:40 pm : link
.
RE: Didn't Kohls get hemmed up for doing the same thing?  
BMac : 12/19/2014 2:42 pm : link
In comment 12043123 Dunedin81 said:
Quote:
Upping prices so they could then reduce them?


I know one of their big Black Friday "sales" was on an item that normally sells for between $85 and $100. They offered it as a big deal at $100 by basing it on the suggested retail price of around $140 -$130. Just another example of a BF ripoff to unaware (read stupid, uninformed) consumers.
RE: Isn't Black Friday sort of the same thing?  
BMac : 12/19/2014 2:42 pm : link
In comment 12043228 Curtis in VA said:
Quote:
.


Read my first comment farther up the thread.
I bought a Hickey-Freeman once. Took my dad with me because he  
BlueLou : 12/19/2014 2:48 pm : link
(years in real estate) knew 20x what I will ever know about men's clothes, having always been in industries where blue jeans and a polo shirt were the highest dress code. It was at Syms in (or near) Paramus, NJ and man their prices were truly great, and amazing on sale. Bought a gray Pierre Cardin 2 pc suit, worsted wool all season weight, for maybe $200 or a bit less, marked down from $500. Then my dad pointed out a navy blue Hickey Freeman pinstriped suit, maybe even a bit lighter all season weight, anyway certainly a thin and very pliable high thread count wool, and it was something over $300. I told my dad I didn't need a $300+ suit, and he said son, this is a Hickey Freeman... my dad pointed out little details like the fact that all or almost all the pinstripes lined up perfectly from the body shoulder to the sleeve. Find that on another suit he told me and sure enough none of the other brands had that detail... Thing fit like a friggen glove too, off the rack. The only alteration was the pant length (it was unhemmed.)

"An educated customer, is our best customer" Man I was bummed when that Syms store closed...
RE: RE: Isn't Black Friday sort of the same thing?  
Chef : 12/19/2014 2:49 pm : link
In comment 12043233 BMac said:
Quote:
In comment 12043228 Curtis in VA said:


Quote:


.



Read my first comment farther up the thread.


I dunno, I got a PS4 package for an unbelievable price on Black Friday / Cyber Monday
Many stores do this  
buford : 12/19/2014 2:52 pm : link
At Belk, I am regularly told I saved more than I actually paid for the item.
RE: RE: RE: Isn't Black Friday sort of the same thing?  
BMac : 12/19/2014 3:01 pm : link
In comment 12043260 Chef said:
Quote:
In comment 12043233 BMac said:


Quote:


In comment 12043228 Curtis in VA said:


Quote:


.



Read my first comment farther up the thread.



I dunno, I got a PS4 package for an unbelievable price on Black Friday / Cyber Monday
\

Note that I said around 3% were actual deals, not that there were no deals. You may want to double-check your deal on wirecutter.com, however. You may get an unpleasant (or pleasant) surprise.
RE: Out of curiosity  
BrettNYG10 : 12/19/2014 3:06 pm : link
In comment 12043158 napoleon said:
Quote:
Where do you guys get your suits from?


I got two from Brooks Brothers recently. They're a lot better than Jos A. Bank's, but also a shitload more expensive.

And the salesmen can be sleazy (they tried selling me the wrong size to complete the sale). They have a big 30% sale every few months, so I'd only buy them then.
It suits me just fine  
yalebowl : 12/19/2014 3:17 pm : link
The Emperor has no clothes
Where ya been,  
GiantsUA : 12/19/2014 4:32 pm : link
this is old hat.
yalebowl  
manh george : 12/19/2014 8:22 pm : link
And the good news is, you can get four of the no clothes for the price of one. Or maybe it's four emperors. Hard to tell.
RE: yalebowl  
BMac : 12/19/2014 8:38 pm : link
In comment 12043782 manh george said:
Quote:
And the good news is, you can get four of the no clothes for the price of one. Or maybe it's four emperors. Hard to tell.


Thanks, and a tip of the fedora to Manh George for an entertaining thread.
Thanks, BMac. The irony is...  
manh george : 12/19/2014 8:42 pm : link
I bought a fedora-like hat at Men's Wearhouse three days ago. Hard to find anything in the size of my big head.
I won't go into a Jos A Bank  
lawguy9801 : 12/19/2014 9:20 pm : link
You walk in and the salesmen literally attack you. I want to just be left alone when I go into a store and ask someone for help if I need it, but they're all over you as soon as you set foot in there. A huge turnoff.
I used to shop the sales online at Jos  
Semipro Lineman : 12/19/2014 9:43 pm : link
and pick up my order in the store for free shipping. (Now I do that at the sister store Men's Wearhouse.) On every trip to the lower Manhattan store, I saw a business traveler in there buying something at full price because they had forgotten to pack it etc...

Every trip to their store seem to have that one guy or someone who wasn't bothered by the price. I couldn't figure it out since there is a Brooks Brothers down the block that probably has the same prices
RE: I assume they are using the term loosely  
Matt M. : 12/19/2014 10:35 pm : link
In comment 12042995 steve in ky said:
Quote:
and view it not as their own list pricing but instead as a Manufactures List Price" and since they are a discounter they as a standard policy always sell below "list" but in some cases as these advertised specials you point out by even greater amounts than usual.

But, don't they sell only their own line? I realize the manufacturing is likely contracted out. But, this isn't the same as a true discounter, like Men's Warehouse, where they sell other brand names for less than suggested retail pricing.
manh george  
Matt M. : 12/19/2014 10:40 pm : link
I now see you essentially said the same thing. I also thought NYS had a law like the one you described.
When I had to wear suits regularly  
Matt M. : 12/19/2014 10:48 pm : link
I bought them at Syms, which is no longer in business. They had good prices on brand names because they sold the stuff a couple of seasons off. I never had a problem with defects, imperfections, etc. I never knew exactly where/how they got their inventory, but I always found their suits to be of good quality.

The last suit I bought was the first time I ever really bought a good suit. When I graduated Grad School almost 6 years ago, I bought it because I was preparing for interviews. I only have reason to wear it 1-3 times a year now. It is in outstanding shape and fits beautifully. It is a Burbury suit purchased from Rothmans. This is a Men's Shop in Manhattan on Park Ave. South, with another location in Scarsdale. They carry higher end brands for all their clothes, so they aren't cheap. But, they have a few big sales a year.

I bought my suit for, in the neighborhood of $500. It's "list" price was about $1000. I know it didn't sell for that, but likely sold for ~ $750. They have much more expensive suits, but not much for less.
RE: List price is exactly what it says...  
oipolloi : 12/20/2014 12:21 am : link
In comment 12042985 BMac said:
Quote:
...It's the industry/manufacturer recommended" price and there's nothing remotely illegal about quoting it. This is where the term caveat emptor comes into play.

As an educated consumer, you should know the difference between list price and actual selling price in the marketplace. List price is the "gimmick" used to suck in unsophisticated shoppers; it's the primary driver behind Black Friday-type sales in which only about 3% of the sale items are actual deals.

Do your due diligence and you'll not be sucked in by such "deals."



So, by "educated consumer" we mean someone who is aware that most claims about pricing are intended to deceive?

maybe Machiavelli should be required reading
These types of retailers always try to  
Some Fan : 12/20/2014 2:58 am : link
pull the wool over your eyes.
RE: RE: List price is exactly what it says...  
BMac : 12/20/2014 6:22 am : link
In comment 12043978 oipolloi said:
Quote:
In comment 12042985 BMac said:


Quote:


...It's the industry/manufacturer recommended" price and there's nothing remotely illegal about quoting it. This is where the term caveat emptor comes into play.

As an educated consumer, you should know the difference between list price and actual selling price in the marketplace. List price is the "gimmick" used to suck in unsophisticated shoppers; it's the primary driver behind Black Friday-type sales in which only about 3% of the sale items are actual deals.

Do your due diligence and you'll not be sucked in by such "deals."




So, by "educated consumer" we mean someone who is aware that most claims about pricing are intended to deceive?

maybe Machiavelli should be required reading


There's so much info about this out there that one has to be wilfully ignorant not to know this. Machiavelli would agree with this, but invoking "The Prince" is a tad bit of overkill, wouldn't you say?
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