The New Jersey Supreme Court recently agreed to hear oral arguments in two cases related to the price of drinks on menus.
The cases, Dugan v. TGI Friday’s, Inc., 445 N.J. Super. 59 (App. Div. 2016) and Bozzi v. OSI Restaurant Partners, LLC (which was not a written opinion in the lower court) are both class actions brought by consumers who claim the restaurant’s failure to clearly post prices on all drink items violates New Jersey’s Consumer Fraud Act (CFA) and Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA).
In both cases, the court will answer the question:
“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 to -18) by failing to include drink prices on its menu?”
In the Dugan case, the court will also determine whether “charging different prices for the same beverage, depending upon where in the restaurant the beverage was served” can be the basis of a CFA and TCCWNA class action.
NJCJI has been spearheading the effort to reform both the Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty, and Notice Act, so we will be watching these cases closely.
If you would like to support our reform efforts, please contact NJCJI’s chief counsel, Alida Kass.