Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 5

Debra Dugan was a customer at TGI Friday's Mt. Laurel restaurant. The TGIF menu listed prices for all food items and wine, but it did not list prices for beer, mixed drinks, or soft drinks. Dugan was charged an undisclosed amount for beverages while dining at a TGIF restaurant. On one occasion, Dugan purchased Coors Lite beer at the bar and was charged $2.00 per serving. She then sat at a nearby table, made a second order for the same beer, and was charged $3.59 per serving. Dugan filed suit, alleging that TGIF's activities constitute unconscionable commercial practices-calling them (1) a "bait and switch" and (2) an unlawful practice under New Jersey's Consumer Fraud Act (CFA). TGIF filed a motion to dismiss the complaint for failure to state a claim. What result? [Dugan v. TGI Friday's, Inc., 2011 WL 5041391 (N.J. Super. App. Div. Oct. 25, 2011).]