Appellate Court Finds NJ Consumer Fraud Act Claim Pre-Empted

A New Jersey Appellate Court has affirmed the dismissal of New Jersey Consumer Fraud Act (CFA) claims and a related claim for class certification.   In Rosen v. Continental Airlines Inc., the plaintiff’s complaint arose out of his alleged inability to use a headset purchased from the airline on an earlier flight, and the refusal of the airline to sell him a new headset and alcoholic beverages on a subsequent flight without a credit card.  (The plaintiff alleged that the airline’s  conduct constituted discrimination against low-income individuals.)   The court confirmed that the claims are pre-empted by the federal Airline Deregulation Act, 49 U.S.C.A. § 41713(b)(1).

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