Feeling ripped off when she bought compilations of 1980s and ’90s oldies only to learn the songs weren’t the original renditions, a New Jersey customer has filed a putative class complaint against the producers.
In the complaint, filed on March 20 in U.S. District Court of the District of New Jersey, plaintiff Celeste Farrell said she bought the two-CD sets of “Hits of the 80’s: Platinum Collection,“ and “Hits of the 90’s: Platinum Collection” last summer at a New Jersey Walmart.
Nothing on the packaging led her to believe they were anything but the original hit songs from the past, she alleges in Farrell v. Tutm Entertainment Inc.
The songs on the CDs were poor quality re-recordings of the hits, the complaint alleges. “Plaintiff and the members of the class would not have purchased the albums if the version of the songs had been properly disclosed,” the document says.
The lack of disclosure violates New Jersey’s consumer fraud act and constitutes breach of express warranty and unjust enrichment, and the class seeks damages and restitution, according to the complaint.
“Defendant’s misrepresentations and omissions of the quality of the recordings are unfair, deceptive and misleading,” the complaint says.
Plaintiffs’ counsel are Adam Gana and Adam Weinstein of Gana LLP in New York and Jonathan Kurta of Fitapelli Kurta, also in New York.
Lisa Hoffman is a contributing writer to law.com.