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

Summary

The New Jersey Supreme Court affirmed the Appellate Division’s decision that the Dugan plaintiffs failed to show predominance for their Consumer Fraud Act (CFA) claims and reversed the trial courts’ class certifications for both the CFA and Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) claims, remanding for individual determinations. It held that the Bozzi class can be certified only if limited to customers who were charged different prices for the same beverage during a single visit, allowing that CFA claim to proceed, and reversed the broader certification. The Court rejected the plaintiffs’ price‑inflation theory as a method of proving ascertainable loss. Justice Albin dissented, arguing that the plaintiffs’ theory is viable and that class certification should be allowed.