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…
Articles Posted in Dealership Litigation
Can I sue if my car gets repossessed?
The previous blog posted explains the nature and extent of the claims under wrongful repossession. However, one of the common questions is that I know I was late on my loan, missed a few payments, and the vehicle was repossessed. The finance company contacted me and they demanded the entire…
Expedited Consumer Arbitration
Expedited Consumer Arbitration in the American Arbitration Association It is well-known that a majority of dealerships, whether big or small, use standard arbitration agreements contained in all their contracts. Frequently, dealers who use arbitration agreements in various places and various documents such as a buyer’s order, a warranty, a retail…
Where Can you Sue a Car Dealership?
Under the relevant due process inquiry, the forum state’s exercise of jurisdiction must be reasonable, which is measured by the “minimal contacts” doctrine, a threshold requirement for specific personal jurisdiction. Hanson v. Denckla, 357 U.S. 235, 251, 78 S.Ct. 1228, 1238, 2 L.Ed.2d 1283, 1296 (1958); International Shoe v. Washington,…
Cherry Hill Triplex
The Attorney General’s office has filed suit against Cherry Hill Triplex for violation for the New Jersey Consumer Fraud Act. Cherry Hill Triplex is contesting the charges and asserts their innocence. The State has the burden to prove the case and Cherry Hill is presumed innocent until such time that…
What is a Secret Warranty?
There was an article on the NY Times online that contained the following statement: “At least 30 million cars and light trucks manufactured from 1980 to 1986 are covered by undisclosed warranties for undisclosed defects, the Center for Auto Safety says.” The article continued The center’s report, which was sent…
Consumer Fraud. Let the seller beware!!!
There is a phrase in Latin that means let the buyer beware, Caveat Emptor. New Jersey has abandoned this principle as it pertains to the Consumer Fraud Act. New Jersey, through the Consumer Fraud Act, has adopted a more ethical approach to sales. It is now the law that a…
Damaged Cars and Suing the Lender
Damaged Cars and Suing the Lender. You can collect from the lender for defective cars under the HOLDER RULE. Since the contract that the lender is holding permits the buyer to sue the lender, the lender can be sued up to the amount paid on the contract. The lender is…
Consumer Fraud and Damaged Cars?
What happens if the dealer sells you a damaged car? Have they violated the New Jersey Consumer Fraud Act? AFFIRMATIVE MISREPRESENTATIONS VIOLATE THE CONSUMER FRAUD ACT The law in New Jersey is no longer “buyer beware” and New Jersey has taken the more ethical approach to the sale of goods.…
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