Amy Handlin and John McKeon are sponsoring an anti-consumer bill that would change the business landscape in New Jersey. A key provision of the new New Jersey Consumer Fraud Act would exempt out of state transactions. This means the following: if someone in New Jersey commits consumer fraud upon a…
Car Salesmen and Dealerships to be Protected with Proposed Changes in Consumer Fraud Act. Amy Handlin and Jack McKeon have sponsored and introduced ANTI-CONSUMER legislation to reduce consumer rights and protect car dealerships. The changes in the Consumer Fraud Act would exempt or limit liability against businesses that are already…
CHANGES IN THE NEW JERSEY CONSUMER FRAUD ACT TO PROTECT CAR SALESMAN Amy Handlin is the co-sponsor on this bill to protect car salesman John McKeon is the primary Sponsor on this bill to protect car salesmen. There is a bill pending in the Assembly which significantly and permanently change…
New Jersey Courts The New Jersey court system has, for civil courts, three separate levels. The most basic and lowest level in the New Jersey court system is known as Small Claims. In Small Claims, you may sue a defendant or counterclaim against a plaintiff for up $3,000. Initially, in…
The issue is the enforceability of a forum selection clause. The defendant has failed to demonstrate that the reverse side of an unsigned invoice constitutes all of the terms and conditions of the contract for the plaintiff’s purchase of the subject engines. It is too early in the litigation to…
Thus, if a seller of an automobile says that the vehicle has not been in an accident, when in fact it has been in an accident, that is an affirmative misrepresentation of fact which is false and inherently has the capacity to mislead a potential purchaser of the vehicle. This…
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…
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…
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,…