"Indeed, the Appellate Division found here—and defendant SPARC Group LLC does not contest—that defendant’s conduct violates the CFA," Justice Lee A. Solomon said. "However, to state a CFA claim, private plaintiffs . must show that they suffered an 'ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any practice declared unlawful under' the CFA."
марта 25, 2024 at 04:28 PM
In a 4-3 majority opinion, the New Jersey Supreme Court rejected shoppers’ allegations that they did not really receive a deal when purchasing clothing marked on sale at Aeropostale because the plaintiffs purchased non-defective items absent any ascertainable loss pursuant to the Consumer Fraud Act.
In the underlying case, Robey v. SPARC Group LLC, against Aeropostale’s parent company, the court considered the alleged practice of “illusory discounts,” in which the plaintiffs claim that the items they purchased were never offered for purchase at the “original” prices on the price tag, thereby rendering the advertised “markdowns” as illusory, according to the opinion.
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