Furst v. Einstein Moomjy, Inc.

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that the plaintiff's ascertainable loss under the Consumer Fraud Act is the replacement value of the defective carpet and that the regular price shown on the sales tag creates a rebuttable presumption of that replacement value. The Court also vacated the trial court's attorneys' fees award for lack of adequate analysis and remanded for a proper determination, while holding that a plenary hearing on fees is not required absent factual disputes.