Martin Weinberg v. Sprint Corporation…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that a private plaintiff under the New Jersey Consumer Fraud Act must plead an ascertainable loss that can survive a summary‑judgment motion in order to obtain injunctive relief and attorneys’ fees. The Court rejected the argument that the statutory distinction between the Attorney General and private plaintiffs could be eliminated and affirmed that the filed rate doctrine bars monetary damages when the charged rate conforms to the filed tariff.