Debra Dugan, Alan Fox, and Robert Cameron on Behalf of Themselves and All Others Similarly Situated…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s reversal of the Dugan class certification for the Consumer Fraud Act (CFA) claim and affirmed the trial court’s denial of the TCCWNA claim, while reversing and remanding the Bozzi class certification so that a narrower class limited to price‑shifting CFA claims may be certified and the TCCWNA claim is sent back for individual adjudication. Justice Albin dissented, arguing that the CFA claim should be certified and that the plaintiffs have shown ascertainable loss.