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OFF BEAT: Attorney says Forever 21 operating penny-skimming scheme

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Allegations that clothing retailer Forever 21 shortchanges customers returning merchandise by one penny could cost the popular company much more.

A Florida attorney is suing Los Angeles-based Forever 21 after she paid $14.46 for a pair of black shorts, but received only $14.45 back when she returned them, according to news reports. The attorney, Carolyn Kellman, also alleges she later returned an $11.57 skirt to Forever 21, but received a penny less in return.

Some shoppers might not have noticed the penny difference when returning merchandise.

But Ms. Kellman, who was once featured in the Miami Herald as a fashionista, is seeking class-action status for her lawsuit accusing the retailer of operating a penny-skimming scheme.

Her lawsuit also alleges breach of contract, unjust enrichment and deceptive practices.

According to the news reports, there is a $15,000 threshold for filing civil lawsuits in the Florida jurisdiction where the suit was filed.

That means the plaintiff will need to find enough other people claiming they were similarly taken for a total of 1.5 million pennies over the past five years.

The reports also say that lawsuits with similar allegations are not rare.

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