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In this action alleging unconscionable commercial practices in violation of the Consumer Fraud Act, plaintiffs have failed to allege facts that would satisfy the requirement that such a claim demonstrate a capacity to mislead; even if they had alleged a viable CFA claim, they lack standing to proceed since the alleged conduct clearly falls under New Jersey's Antitrust Act, under which they would not have standing, and allowing them to go forward would undermine the standing requirements of that Act.
October 11, 2004 at 12:00 AM
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