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UPS Motion to Dismiss Denied
A New Jersey state court recently denied the Motion to Dismiss and Motion to Strike class allegations filed by The UPS Store, Inc. and two franchisees in New Jersey allowing the case to continue to discovery. Whitfield Bryson LLP filed a class action Complaint on May 13, 2020, on behalf of a New Jersey consumer for the overcharging of notary services.
Many states have statutes that regulate the cost of notary services. In New Jersey, N.J. Rev. Stat. § 22A:4-14 sets the maximum price that a notary can charge a consumer at $2.50. Stores doing business as The UPS Store in New Jersey routinely overcharge for notary services violating not only N.J. Rev. Stat. §22A:4-14 but also the New Jersey Consumer Fraud Act.
Following the filing of the Complaint, The UPS Store, Inc. and two franchisees filed a Motion to Dismiss arguing that the statute only sets the price that a notary could accept rather than what could be charged to the customer. Defendants also included an argument to strike the class claims, claiming that the case was not appropriate for class treatment. After reading the briefs and hearing oral argument, the Court denied the Motion to Dismiss and the Motion to Strike, allowing the case to proceed to the discovery phase. You can read the opinion here.
Notary Fee Lawsuits
It is a serious violation to overcharge on a regulated cost. If you believe you have been overcharged for Notary Fee Services, the national trial lawyers at Whitfield Bryson LLP can help. Our lawyers have successfully filed cases on notary fee overcharging across the country. Contact us today for a free and confidential consultation.
Caroline R. Taylor
Caroline Taylor is a partner at Whitfield Bryson LLP’s Nashville office and focuses her practice on civil litigation and personal injury.
Caroline received her bachelor’s degree from Western Kentucky University, where she graduated summa cum laude with a bachelor’s degree in Corporate and Organizational Communication and a minor in Marketing. She was president of her sorority, Alpha Delta Pi, involved in many other leadership roles on campus, and did an internship with the Cincinnati Bengals.
John Whitfield has been significant in his management of a suit involving the death of my son in a motorcycle accident. His professionalism, compassion, support, and especially his knowledge base in this suit has been above reproach. He has communicated well and kept all parties apprised of the status of the suit. I feel he negotiated effectively to reach the best possible settlement for my son's estate. He certainly assures his clients are represented well. I am grateful for his successfully bringing this suit to a satisfactory conclusion. In short, John's expertise has been awesome.
I am very grateful to Whitfield Bryson for taking the initiative in filing suit against the manufacturers of defective CSST pipe. I am sure that this successful litigation will now help Maryland homeowners become aware of the danger of old style CSST pipe and to let them know what steps they may take to protect themselves against those dangers. Who knows how many lives and homes may be saved as a result of his efforts. Thank you for your important work in this litigation.