Attorneys obtained affirmation of an order granting a motion to dismiss a class action in the Superior Court - Appellate Division
Attorneys obtained affirmation of an order granting a motion to dismiss a class action in the Superior Court - Appellate Division. In the complaint, plaintiffs alleged fraud and fraud on the court (count one); violations of the state Consumer Fraud Act (count two); and violations of the state Racketeer Influenced and Corrupt Organizations Act, (RICO). On behalf of the defendants, an attorney drafted and argued a motion to dismiss before the Superior Court. The judge granted the motion to dismiss on all counts. Plaintiffs' counsel filed an appeal. The attorneys' for the matter drafted a compelling appellee brief and appeared for oral argument on the appeal. The Appellate Court, per curiam, agreed with the Trial Court finding that plaintiffs wholly failed to assert a viable common law fraud claim or fraud on the court and rejected the RICO claim. Most significantly, the Appellate Court affirmed that the CFA does not apply to debt collectors as debt collectors do not sell or market merchandise or extend loans to consumers.