The New Jersey Department of Banking and Insurance is an excellent resource for most consumers. The department’s main offices are located at Mary Roebling Building at 20 West State Street in Trenton, New Jersey. The mission of the Department of Banking and Insurance is regulation of banking and insurance in…
The New Jersey Division of Consumer Affairs, a subdivision of the Department of Law and Public Safety, provides an excellent website with links to all of the relevant New Jersey departments, links to all of the relevant inquiries pertaining to the Division of Consumer Affairs, and current headlines or investigations…
As previously stated in many of these posts, the dealers frequently use arbitration agreements as a method by which they bypass the court system. There are numerous organizations, including JAMS, NAF and American Arbitration Association. All of these organizations ordinarily have consumer due process protocols for these arbitrations. The question…
Appearance Package, Wheel Well Molding, Door Edge Guards Some dealerships use the sale or attempted sale of door edge guards, wheel well molding or pin striping, commonly known as appearance packages, to increase the costs of the vehicles. Frequently, these pre-delivery services are not included anywhere in the buyer’s order…
DAMAGED AND FRAME-DAMAGED CARS It is a common question that is asked frequently: does a seller of a motor vehicle or an automobile have the obligation to disclose that the vehicle was damaged even slightly, less than frame damage? Is there a separate obligation based on the nature and extent…
Is Best Buy required to honor their advertisement selling TVs for $9.99? Stories on the internet indicate that Best Buy probably made a mistake in placing a very expensive television for sale for $9.99. If you have purchased or attempted to purchase one of these TVs and Best Buy refuses…
Goods to be merchantable must be at least (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and…
WAIVER OF CONSUMER FRAUD CLAIMS AND CONSUMER FRAUD The litigation in this case arises out of the plaintiff’s allegations that the defendant committed fraud and consumer fraud with regard to the performance of a home improvement contract. See Cox v. Sears, 92 N.J. 1 (1994). The defendant now relies upon…
Plaintiffs’ Claims Are Typical of the Class The New Jersey Supreme Court has stated that the typicality requirement is sometimes equated with the fourth requirement of adequacy of representation. Delgozzo, supra, 266 NJ Super. at 186. Typicality ensures that the representative plaintiffs’ interests are similar enough to the absent members…
New Jersey courts should be especially accommodating to their own citizens seeking justice at home. “An action by or against a resident will ordinarily not be dismissed as being in an inconvenient forum….” Gore v. United States Steel Corp., 15 N.J. 301, 311 (1954). Although domestic residence is not decisive,…