In Retail Markup Case, NJ Supreme Court May Soon Provide Clarity on 'Ascertainable Loss' Under the CFA
"The case also presents an interesting angle on injunctive relief available under the Consumer Fraud Act," said Mark Oberstaedt, assistant chair of the business litigation group at Archer & Greiner in Voorhees. "It is not entirely clear how a trial court could fashion an appropriate injunction in a case like this and it will be interesting to see whether the Supreme Court takes on that issue."
June 22, 2023 at 01:37 PM
4 minute read
Retail
Credit: mojo_cp/Adobe Stock The New Jersey Supreme Court has granted certification to SPARC Group, the owner of such brands as Aeropostale, Brooks Brothers, Eddie Bauer and Forever 21, after the Appellate Division sided with plaintiff consumers in their claim over false advertising of clothing prices.
In February, the Appellate Division held that a trial judge erred in dismissing of a claim of false advertising of clothing prices over the age-old retail industry trick of marking up prices before offering items "on sale." While the appeals court found that the trial judge thoroughly addressed all the statutory and common-law counts, it disagreed with the determination that the plaintiffs failed to alleged an ascertainable loss.
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