Millions of new and used cars are sold every year in this country. It is well-known within the industry that many of the used cars are damaged, ranging form minor body damage to serious frame damage. Many dealers sell these cars and make a handsome profit. The first issue is:…
The capacity to mislead is the prime ingredient in all types of consumer fraud. See Cox v. Sears Roebuck & Co., 138 N.J. 2,17 (1995). An excellent example of deceptive, but truthful conduct, is contained in Miller v. American Family Publishing, 284 N.J. Super 67, 76 (App. Div. 1995), where…
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 practice of defrauding the consumer. Cox v. Sears Roebuck & Co., 138 N.J. 2, 14…
The New Jersey Consumer Fraud Act is one of the strongest Consumer statutes in the country. It provides for mandatory triple damages and attorney fees if you are successful. The posts in this category are primarily for lawyers or those writing briefs on the Act. I will include both basic…
I was surfing the net for interesting stories pertaining to auto fraud and I am never shocked. I guess there is this well-known chain of oil change stores in California that was allegedly taking some shortcuts. It appears that they were recommending services that were not needed according to this…
To understand how dealerships treat consumers you need to understand where they make their money. This is a great site that gives detailed reports on how and where dealers make their money. Certainly worth a look. http://www.nada.org/Publications/NADADATA/
During litigation in the American Arbitration Association I discovered that North Plainfield Nissan sold Maintenance Agreements and offered these agreements with the sale of used cars. The price was not disclosed in any of the purchase agreements and there was no documentation that was given to the claimant. If you…
I recently litigated a case against North Plainfield Nissan using the American Arbitration Association. The litigant alleged that she was overcharged for the car and also that there were certain misrepresentation made pertaining to the financing. During the arbitration it was disclosed that my client had “purchased” a “maintenance plan”…
The Honorable Mark Sullivan J.S.C. found that Acura of Ocean committed consumer fraud when they failed to accurately disclose damage on the lease of a new car. The client leased a new car from Acura of Ocean and was told that there was a paint chip that had been repaired.…
Many times vehicles are sold with known frame or other types of body damage. Dealers are required to disclose material facts to purchasers. Damaged vehicles are probably valued at 25-80% of the price you have paid and possibly nothing if the prior damages was severe. Safety concerns are aways an…