In Baskin v. P.C. Richard & Son, LLC, a putative class action, the New Jersey Supreme Court reversed an order from the Chancery Division granting the defendant’s motion to dismiss under R. 4:6-2(e). The plaintiffs, who suffered no actual harm and sought statutory damages, alleged that the defendant violated the Federal Fair and Accurate Credit Transactions Act of 2003 (FACTA) by printing the plaintiffs’ expiration dates from their credit cards on their receipts. The trial court dismissed the complaint, in part, because the plaintiffs did not establish that a class action was the superior means to adjudicate the issue. The Supreme Court concluded that the plaintiffs sufficiently pled superiority to survive a motion to dismiss. The complaint sufficiently addressed considerations of fairness to the parties and judicial efficiency, as well as of class members’ financial wherewithal or incentive to pursue a claim that might cost more than its worth.
