Credit: LIGHTFIELD STUDIOS/Adobe Stock NJ Supreme Court Divided Over Shoppers' Claims of Ascertainable Loss in CFA Claim
"Indeed, the Appellate Division found here—and defendant SPARC Group LLC does not contest—that defendant's conduct violates the CFA," Justice Lee A. Solomon said. "However, to state a CFA claim, private plaintiffs ... must show that they suffered an 'ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any practice declared unlawful under' the CFA."
March 25, 2024 at 04:28 PM
5 minute read
In a 4-3 majority opinion, the New Jersey Supreme Court rejected shoppers' allegations that they did not really receive a deal when purchasing clothing marked on sale at Aeropostale because the plaintiffs purchased non-defective items absent any ascertainable loss pursuant to the Consumer Fraud Act.
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