Credit: Bigstock 'Virtually Identical' Class Action Claim Draws Ire From New Jersey Federal Judge
"It is somewhat ironic that this case involves schools," Chief U.S. District Judge Renée Marie Bumb wrote. "As schoolchildren, we learn about the importance of following the rules. Rules keep the classroom organized and running smoothly. We also learn that when we don't follow the rules, there are consequences."
September 22, 2023 at 12:15 PM
5 minute read
Seeking to avoid "wasteful and duplicative litigation," a federal judge in New Jersey stayed a class action under the first-filed rule—and scolded the plaintiffs—finding the case was "virtually identical" to a claim filed in Florida.
In October 2020, plaintiffs Deborah Mazzei, Allen Call and Kristin Call filed a class action claim in the U.S. District Court for the District of New Jersey against Heartland Payment Systems, a technology and payment processing company. The plaintiffs are parents who used "MySchoolBucks," a Heartland product that allowed electronic deposits for payments to their children's schools for things such as cafeteria food and school expenses. The complaint alleged violations of New Jersey's Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty and Notice Act, according to the opinion.
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