NJ Supreme Court Denies Class Certification in Proposed TCCWNA and NJ Consumer Fraud Class Actions

The Supreme Court of New Jersey today denied class certification in Debra Dugan v. TGI Fridays, Inc. and Ernest Bozzi v. OSI Restaurant Partners, LLC. These cases had both sought to certify classes of consumers based upon alleged violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). Appearing before the Court on behalf of amicus curiae the New Jersey Business and Industry Association, we argued that the TCCWNA claims in both cases should not be certified as class actions. In these matters, the Court agreed.