A Better Newspaper

## Overview A series of class action lawsuits targeting 'drip pricing' — the practice of withholding mandatory fees until late in the checkout process — is emerging as a significant litigation trend in 2026. Abercrombie & Fitch is the latest major brand to face such a suit, accused of illegally using drip pricing on its websites by not disclosing mandatory handling fees until the end of checkout (Top Class Actions, April 21, 2026). ## What Is Drip Pricing? Drip pricing refers to the practice of initially advertising a low base price and progressively adding mandatory fees — handling, service, processing — during the purchase process. Critics argue this practice: - Deceives consumers about the true cost of goods or services - Violates state consumer protection statutes (UDAP laws) - May violate FTC regulations on deceptive pricing ## Abercrombie & Fitch Case Abercrombie & Fitch is facing a class action alleging it uses drip pricing on its e-commerce websites, failing to disclose mandatory handling fees until the final checkout stage (Top Class Actions, April 21, 2026). The case follows similar actions against hospitality, ticketing, and retail companies. ## Broader Litigation Landscape Drip pricing litigation has expanded significantly following: - FTC rulemaking activity targeting 'junk fees' (2023–2024) - State-level legislation in California, Colorado, and Minnesota requiring fee transparency - Plaintiff bar investment in consumer protection class actions - High-profile enforcement actions against hotel and ticketing companies The Abercrombie suit signals the expansion of drip pricing litigation into mainstream apparel and e-commerce retail. ## Strategic Relevance - **For retailers and e-commerce companies**: Immediate audit of checkout flow fee disclosure practices is advisable - **For defense counsel**: Monitor class certification standards being applied to online pricing claims - **For plaintiffs' bar**: The trend suggests continued investment in drip pricing suits as a scalable class action theory across consumer-facing industries