Thiedemann v. Mercedes-Benz USA, LLC

The New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, authorizes a private cause of action when a plaintiff has suffered an “ascertainable loss of moneys or property, real or personal” as a result of a practice in violation of the CFA. N.J.S. A. 56:8-19. This appeal focuses on the enigmatic requirement of an “ascertainable loss” and, specifically, on what a plaintiff must demonstrate in order to survive a motion for summary judgment when challenged on that issue. We hold that when a plaintiff fails to produce evidence from which a finder of fact could find or infer that a plaintiff…