Aéropostale Beats New Jersey Suit Over Deceptive Sale Prices (1)

A divided New Jersey Supreme Court said Monday that shoppers suing under a state consumer protection law over falsely discounted prices must either show that they lost money or lost out on a bargain, and that a lawsuit against clothing retailer Aéropostale didn’t show either.

The court, in a 4-3 opinion, dismissed a proposed class action against apparel giant SPARC Group LLC. Two shoppers who sued under the Consumer Fraud Act didn’t show a loss because “they purchased and received clothing that was not defective or damaged or worth less than they paid,” Justice Lee A. Solomon wrote for ...