Everything's legal in Jersey: NJ SCt makes class certification harder in price disclosure case

Dugan v. TGI Fridays, Inc., 171 A.3d 620 (N.J. 2017) Plaintiffs alleged that the defendants failed to fairly disclose prices charged to customers for alcoholic and non-alcoholic beverages. The New Jersey Supreme Court held that one set of plaintiffs failed to show that common issues of law and fact predominated because they argued a price inflation theory that New Jersey law didn’t support. However, other claims that the restaurants violated New Jersey’s consumer protection law (the NJCFA) by increasing the price charged to a customer for the same brand, type, and volume of beverage in the course of the customer’s visit to the restaurant, without notifying the customer of the change.  Consumers with that specific claim could proceed with class certification.The first set of plaintiffs alleged that TGIF had a practice of offering certain beverages in New Jersey TGIF restaurants’ menus without listing their prices of those beverages, violating the…

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