'Robey' Decision Slams the Door on No-Injury CFA Class Actions
"'Robey' represents the latest logical step in a trend of more strictly interpreting the ascertainable loss requirement," write David E. Sellinger and Todd L. Schleifstein of Greenberg Traurig.
May 28, 2024 at 04:21 PM
7 minute read
In a 4-3 ruling, the New Jersey Supreme Court issued an important decision in the consumer class action space, effectively sounding the death knell for so-called "no injury" class actions by clarifying the standard for the type of "ascertainable loss" a plaintiff must demonstrate to recover money damages in a private action under the New Jersey Consumer Fraud Act, N.J.S.A 56:8-1 et seq. (CFA). Robey v. SPARC Grp., 256 N.J. 541 (2024). Because the CFA is often the underpinning of many suits filed as putative class actions covering an array of business practices, Robey now precludes many suits that might have been brought under earlier CFA jurisprudence. The decision also has important ramifications for the New Jersey retail industry.
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