We dislike this practice of surge pricing at casual eateries almost as much as we despise frivolous lawsuits. Let consumers vote with their dollars, which they're clearly doing at TGI Fridays and its peers these days.
— Jason Clampet
New Jersey’s state Supreme Court has ruled a lawsuit accusing restaurant chain TGI Friday’s of violating consumer fraud laws for charging different prices for the same drinks can’t proceed as a class action.
Debra Dugan sued the chain after she was charged one price for a drink at the bar and a higher price at a table in 2008. The lawsuit also noted the restaurant didn’t list drink prices on its menus.
A lower court had granted class-action status to anyone who ordered unpriced drinks at 14 company-owned restaurants in New Jersey from 2004 through 2014.
Wednesday’s 5-1 ruling upheld a reversal of that decision, though it said individual complaints could proceed.
The court left room for a similar case involving Carrabba’s Italian Grill restaurants to proceed, with certain conditions.