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ROBEY v. SPARC GROUP LLC

DOCKET No. A-1384-21.

290 A.3d 199 (2023)

474 N.J. Super. 593

Christa ROBEY and Maureen Reynolds, on Behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. SPARC GROUP LLC, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 2023.

Attorney(s) appearing for the Case

Stephen P. DeNittis , Marlton, argued the cause for appellants (DeNittis Osefchen Prince, PC, attorneys; Stephen P. DeNittis, Joseph A. Osefchen , and Shane T. Prince , on the briefs).

Meegan B. Brooks (Steptoe & Johnson LLP) of the California bar, admitted pro hac vice, argued the cause for respondent (Sills Cummis & Gross P.C., Meegan B. Brooks , Stephanie A. Sheridan (Steptoe & Johnson LLP) of the California bar, admitted pro hac vice, and Anthony J. Anscombe (Steptoe & Johnson LLP) of the California bar, admitted pro hac vice, attorneys; Charles J. Falletta and Michael S. Carucci , Newark, of counsel; Jeffrey J. Greenbaum , Newark, of counsel and on the brief; Meegan B. Brooks, Stephanie A. Sheridan , and Anthony J. Anscombe , on the brief).

Before Judges Geiger, Berdote Byrne and Fisher (Judge Berdote Byrne, concurring).

In their complaint, plaintiffs alleged that defendant SPARC Group LLC, falsely advertised clothing at two of its Aeropostale stores as being discounted when, in fact, according to plaintiffs, the clothing had never been sold in those stores at a higher price. Plaintiffs asserted that this "markup to markdown" practice constitutes a violation...

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