Rosen first tried to use a headset he had
recently purchased on a previous Continental
flight, that he had been told he could use on
future Continental flights, but found that the
headset jack was incompatible.
tried to purchase a new headset for $3.00,
followed by an alcoholic beverage for $5.00,
using cash. He was told that Continental has a
“no cash policy” on its airplanes, and that he
could not make any purchases unless he had a
credit or debit card in his possession.
Since Rosen did not have a credit or debit card
on him, he was unable to make any purchases
while on board his flight. After returning to
New Jersey, Rosen sent a complaint letter to the
airline on or about February 2, 2010.
Correspondence between the parties followed in
March and April, but no agreement was reached.
Rosen then filed a lawsuit in the Superior Court
of New Jersey, Essex County vicinage, on October
4, 2010. However that case was demised, he then
filed an appeal.
Rosen’s four-count complaint asserted the
carrier (1) breached its contract through false
advertising and failure to accept lawful tender;
(2) violated the New Jersey Consumer Fraud Act
(“NJCFA”), (3) unlawful discrimination against
low income individuals who do not physically
possess a debit or credit card; and (4)
infliction of mental anguish and emotional
distress. Rosen’s suit requested compensatory
damages, enhanced damages, punitive damages, and
damages for mental anguish and emotional
New Jersey Appeals Court ruled that that federal
airline deregulation law preempts claims under
state law and Rosen did not have grounds to
bring a class action suit on behalf of low