Jos. A. Bank Clothiers Inc. disclosed Thursday thatOhio’s attorney general is looking into
some of its advertising andmarketing practices.The retailer said in a regulatory filing withthe
Securities and Exchange Commission that it received a subpoena thismonth, but has not yet dealt directly
with the attorney general’soffice about the matter.Jos. A. Bank’s General Counsel ChuckFrazer said that
the company could not discuss ongoing legal matters.Kate Hanson, a representative for Ohio Attorney
General Mike DeWine,said the office could not comment under state law.Theinvestigation comes after Jos.
A. Bank has faced two lawsuits in Ohioalleging deceptive sales and marketing practices for its use of
thewords "free" and "regular price." Both cases were filed by the same lawfirm, one
in May and another in July, on behalf of different clients.Thecomplaints argue that the retailer’s
"buy one get one free" promotionsand other offers are deceptive because they are based on the
purchase ofan item at regular price. But the "regular price" is a fabrication,because most
purchases are made with some sale or discount. Thecomplaints say this practice is deceptive and
illegal.Jos A.Bank, which is based in Hampstead, Md., said in its regulatory filingThursday that it
plans to defend itself vigorously in the most recentcase. The first was voluntarily dismissed in
July.The company wasalso subpoenaed by the Florida Attorney General last year regarding itsadvertising
and sales promotion practices but the office has sincerecommended the case be closed.Shares of Jos A.
Bank slipped 43 cents to close at $56.46, in line with broader market movement.Copyright 2013 The
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