The New Jersey Consumer Fraud Act is very powerful legislation. The Consumer Fraud Act as written prohibits deceptive practices in the selling of goods and services. The Consumer Fraud Act jury instructions specifically define deceptive practices as the following: An “unconscionable commercial practice” is an activity in the public marketplace…
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…
Triple damages are mandatory. That means if there is a verdict for any ascertainable loss the amount is tripled by the court without discretion and automatically. You must prove a loss or what is commonly known as an ascertainable loss. This amount is tripled. My web site has some good…
THE NEW JERSEY CONSUMER FRAUD ACT SHOULD BE LIBERALLY CONSTRUED TO EFFECTUATE ITS REMEDIAL PURPOSE. The New Jersey Consumer Fraud Act should be liberally construed to effectuate its remedial purpose. The New Jersey Consumer Fraud Act was passed in 1960 to permit the Attorney General to combat the increasingly widespread…
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…
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.…
Do you know what a seller’s disclosure is? Almost all seller’s agents have the seller complete this to protect themselves as much as to help the buyers. It includes all major defects and some minor ones. As a buyer, your lawyer should demand that the disclosure is completed and your…
Let’s use this example: You unknowingly buy a crash-damaged car for $30,000 and it is dangerous to drive and you would never have purchased the car BUT it has a NADA value of $10,000. You now have driven the car for 5 years due to the length of the litigation,…
The Courts continue to interpret the Consumer Fraud Act in such a way that limits the remedial nature of the act. Courts have been strictly applying breach of contract principles to the damages analysis. The issue is: what is the ascertainable loss that is recoverable under the act? The Court…
Used Cars Computer Sales Debt Collection Internet Sales/Goods Telecommunications Home Improvement Repair – General Health Spas/Health Clubs Home Furniture/Furnishings Car Repair