Rhonda Bosland v. Warnock Dodge, Inc.
New Jersey Supreme Court
964 A.2d 741 (2009)
Relevant factsFree
Rhonda Bosland (plaintiff) bought a car from Warnock Dodge, Inc. (Dodge) (defendant) and paid a registration fee that exceeded what New Jersey's auto-sales regulations allowed, since the fees were not properly disclosed and itemized. Rather than first ask Dodge for a refund, Bosland sued directly under the New Jersey Consumer Fraud Act; the trial court dismissed her complaint, the appellate division reversed, finding no pre-suit refund demand was required, and the New Jersey Supreme Court granted review.
IssueFree
Whether, under state consumer-fraud law, a consumer is required to request a refund from a merchant for an overcharge before suing the merchant in court.
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