Mildred Smith, Plaintiff-Respondent v. Sbc Communications Inc., Defendant, and Southern New England Telephone Co…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s dismissal of the consumer‑fraud and breach‑of‑contract claims against the telecommunications carrier SNET while reinstating the same claims against retailer BJ’s Wholesale Club. The Court held that the filed‑rate doctrine does not per se bar state‑law causes of action against retailers that independently sell prepaid calling cards, but it does bar monetary damages against carriers where plaintiffs cannot show an ascertainable loss. The decision remands for further proceedings on the retailer claims.