Understanding Triple Damages: What They Are and When You Can Claim Them
When consumers suffer financial harm due to deceptive business practices, fraud, or other unlawful conduct, they may be entitled to triple damages—also known as treble damages. This legal provision allows plaintiffs to recover three times the amount of their actual losses, serving as both compensation and a deterrent against wrongful conduct.
In this article, we’ll explore:
OPENING STATEMENT
May it please the Court,
This case is about deception, trust, and accountability. My client Mr Smith walked into The defendant dealership to purchase a new vehicle—one free from defects, prior accidents, and hidden damage. The dealership’s salesman assured my client—without hesitation—that the car was exactly that: new, accident-free, and in pristine condition. Relying on that representation, my client paid top dollar for what they believed was a vehicle in flawless condition.
Consumer-Attorney.com is the official website of The Law Office of Jonathan Rudnick LLC, a New Jersey-based law firm specializing in consumer protection. The firm is dedicated to safeguarding consumer rights and offers legal services in areas such as:
Auto fraud remains a persistent issue in New Jersey, with deceptive dealerships, hidden vehicle defects, title-washing schemes, and financing fraud among the most common scams. Fortunately, state laws provide strong consumer protections, allowing victims to seek remedies when they’ve been misled.
This article examines New Jersey’s legal framework on auto fraud, recent enforcement actions, and what consumers should watch out for.
Auto Fraud Under the New Jersey Consumer Fraud Act (CFA)
When buying a damaged used car, it’s important to consider several factors. You should obtain a vehicle history report to determine the scope of the used car’s accident1. It’s also important to consider the accident car’s title status1. A car with a salvage title has undergone extensive damage (such as in an accident or flood), which usually means you can buy it for much less than market value2. However, while saving money on a used car is appealing, you might want to think twice before buying a car with a salvage title2.
Reselling a car with an accident history may be harder in the future1. If you decide to buy a car with a salvage title, it’s important to get a full inspection by a mechanic you trust and check the car’s history2. You should also see when the salvage title was issued2.
If you purchased a used vehicle that turns out to be damaged, you may have some legal options to seek compensation or remedy. Depending on the circumstances of your purchase, you may be able to file a claim against the seller, the manufacturer, or the dealer for breach of contract, fraud, misrepresentation, or warranty violation. However, before taking any legal action, you should first try to resolve the issue with the seller directly. You should contact the seller and explain the problem, provide evidence of the damage, and ask for a refund, repair, or replacement. If the seller refuses to cooperate or denies any responsibility, you should then consult a lawyer who specializes in consumer protection or lemon law cases. A lawyer can help you evaluate your situation and advise you on the best course of action. You may also want to report the seller to your state’s consumer protection agency or attorney general’s office for investigation.
What You Need to Know About the Kia Class Action Lawsuit
Kia owners may be alarmed to hear about the class action lawsuit filed against the company. This lawsuit alleges that certain Kia models have defective engines that can lead to catastrophic failures and potentially endanger the lives of drivers and passengers. If you are a Kia owner, it is important to understand the details of the lawsuit and how it may affect you.
The lawsuit was filed in 2017 and includes owners of certain Kia models with Theta II engines, including the Kia Optima, Sorento, Sportage, and Soul. The plaintiffs claim that Kia knew about the defects in these engines but continued to manufacture and sell the vehicles anyway. The defects, which can include engine seizures, misfires, and stalling, can cause a dangerous loss of control on the road and potentially cause accidents. The plaintiffs seek compensation for financial losses, injuries, and wrongful deaths related to the engine defects.
I just updated my webpage to include an example of an opening statement in a trial against the car dealership for selling a car, used car with prior damage. Ordinarily, this takes approximately 15 to 20 minutes depending on how the court schedules the opening statements. This is the usual length of the trial in case which might last 3 or 4 days. Defense opening statement which goes 2nd at trial, would also be about 15 to 20 minutes.
This is an example of an opening statement, and a trial, where the plaintiff purchased the vehicle and the dealer told him the car was not in an accident. The plaintiff later discovered that the car was in an accident. This is an example of what I might tell the jury in a similar or substantially similar case. Each case is completely different but this auto fraud case is a bit of the standard fact pattern and has many common factors across cases I have handled.
I just updated my website to provide some additional analysis of the Odometer Roll Back and the concept of affirmative, false representations of fact.
https://www.consumer-attorney.com/cuesta-v-classic-car-358-n-j-super-512-app-div-2003.html
Consumer Fraud and False Advertising:
Guaranteed Credit Approval. Financing Guaranteed. We finance Anyone. We will Get it Done.
Guarantee Credit Approval. Be wary and get help if you see this advertisement
You hear those advertisements all the time on the radio and TV. Credit Guaranteed. All you need is a job and pay stub. Rebuild your credit. Any deal.
There is no such thing as guaranteed credit. There is no such thing as guaranteed credit approval. Each and every transaction must be reviewed by a bank or lending source. The bank or the lending source make a decision to extend credit based on the credit score, your job and any one of numerous other items that might be applicable to the bank’s lending standards.
So when you hear the aforementioned promises or representations that there is guaranteed credit approval and all you need is a job or some type of pay stub this is quite frankly more likely than not false. Does it make sense that the bank would lend you money when you are not qualified to borrow the money. Absolutely not. Banks have lending standards. They do not lend money to anybody.
Who Enforces Consumer Protection Laws? State attorneys general typically enforce state consumer protection laws, often through divisions established to… – The Law Office of Jonathan Rudnick LLC – Google+
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