In Baskin v. P.C. Richard &. Son LLC, decided on May 5, the New Jersey Supreme Court held that plaintiffs sufficiently alleged the requirements for class certification, under Rule 4:32, to survive a motion to dismiss its class action. In that case, plaintiffs alleged a violation of the federal Fair and Accurate Credit Transactions Act by non-compliance with requirements relating to the contents of electronically generated credit card receipts. The trial court had dismissed the complaint and the Appellate Division affirmed dismissal of the certification. The Supreme Court remanded the matter to the Law Division for discovery under Rule 4:32-2(a) and further consideration of the issue of class certification.
Class actions are a well-recognized procedure by which injured parties can pursue litigation when the damages involved are too small for an individual to pursue a claim. Attorneys are encouraged to bring actions on behalf of a class of plaintiffs who could not individually file claims. The encouragement is in the form of attorney’s fees for the attorney selected to represent the class.