Dive Brief 

• The tentative ruling by Judge Wynne Carvill in a California civil court states that Salt Lake City-based Overstock.com, Inc must disclose more information about how it determines competitors’ prices that it displays for comparison, and that Overstock systematically misled shoppers to believe its prices were the lowest available.
   
• The ruling includes penalties totaling $6.8 million, if it stands.
   
• The case was brought in 2010 by district attorneys in seven counties in California who sued Overstock for $15 million, saying the online retailer had been making false claims for at least four years. An example in the case included a patio set available on Overstsock for $449 with a “compared at” price of 999.99. Wal-Mart Stores Inc. had the same set for $247 on walmart.com, according to the complaint.

Dive Insight

Overstock executives said the demands by the court go too far and could shock the entire marketplace by overly restricting the way retailers can advertise prices. The ruling has yet to be made final, but if it stands, it does appear likely to affect how online price comparisons are displayed. Still, this could be just one wave in swiftly changing waters, as shoppers become increasingly savvy about making their own price comparisons and finding their own discounts across multiple channels.