A NJ Consumer Fraud Act plaintiff, Michael Rosen or Ridgewood, Bergen County, NJ, sued Continental Airlines, now known as United, after he was unable to buy a set of headphones or alcohol using cash on a flight in 2010.

He sued for breach of contract, unlawful discrimination against low-income people who don’t possess credit cards and violation of New Jersey’s Consumer Fraud Act.

A lower court judge dismissed the case and Rosen appealed. The appellate division panel upheld dismissal, concluding that federal airline deregulation law pre-empts claims under state law and that the plaintiff didn’t have standing to bring a class action on behalf of low-income people.

Attorney Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex Counties, and throughout the entire State of New Jersey.