The Supreme Court has granted certification of class certification decisions in two cases under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. One of the cases, Dugan v. TGI Friday’s, Inc., 445 N.J. Super. 59 (App. Div. 2016), was discussed here, in a post that suggested the result in the Appellate Division was incorrect. The other case is Bozzi v. OSI Restaurant Partners, LLC.
In both cases, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 t -18) by failing to include drink prices on its menu?” The question presented in Dugan contains a second prong, regarding whether “charging different prices for the same beverage, depending upon where in the restaurant the beverage was served” violates either of the cited consumer statutes.