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I can proudly say that I NEVER said it was 40% off. Even when my regional manager was in town and on the floor, I told him that I would'nt use that sales pitch. I never got in trouble for it because my sales goals exceeded anyway. Technically, it's not legal because if someone asks how much the normal price is, they'd be told the false number of the "normal" price. Not everytime do they say it's on say "today," but they do say it's on sale for the time being, for the promotional week, etc etc etc.
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you say it best when you say nothing at all 
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