Articles Posted in Consumer Lawyer

Another area that is ripe for litigation is breach of warranty law. Warranties commonly come with almost every single, consumer product that is sold. However these warranties are usually contained in small booklets all writing. Nonetheless for significant consumer purchases you should read the entire warranty. As an example on an expensive TV, receiver, stereo component or computer you should read the warranty to determine your rights if there is an issue. Also an arbitration agreement by be included.

It is imperative that you follow the terms and conditions of the warranty. Many times there is a specific person must be notified in writing by regular and certified mail. First you need to follow the terms, then you need to document your communication, then you needed to document the response from the manufacturer or supplier.

Ultimately, when, and if you have to make a litigation claim against them you will have all of your ducks in a row.

The State is alleging the following:

a. Failing to honor the advertised sales price of a used motor vehicle;

b. Failing to honor the negotiated sales price of a used motor vehicle;

The State of NJ filed a lawsuit against 21st Century Auto Group:

Acting New Jersey Attorney General John J. Hoffman and the State Division of

Consumer Affairs today announced a lawsuit against 21st Century Auto Group, Inc., a

http://bmwminicooperclassaction.com/

It appears that the class has already been settled

Details on how to file a claim for the MINI Cooper Transmission Defect Class Action Settlement are not yet available. Keep checking Top Class Actions or sign up for our free weekly e-newsletter below for updates on this case and other class action lawsuits and settlements.

Attorney General

The Legislature authorized the Attorney General, acting through the Division of Consumer Affairs Division, to promulgate regulations, having the force of law, “to deal with practices susceptible to consumer-fraud violations.” Id. at 16.

In response, the Division enacted extensive regulations, N.J.A.C. 13:45A-1.1 to 29.1, of which the Automotive Sales Practices regulations, N.J.A.C. 13:45A-26B.1 to -26B.2, are a part. The regulations protect consumers by providing them with the information necessary to avoid paying for optional hidden service fees that they would have rejected had they known what these service fees were. Delaney v. Garden State Auto Park, 318 N.J.Super. 15, 20, (App.Div.1999).

Did You Purchase a Tiffany Ring From Costco?

Tiffany has sued Costco over the purported sale of a Tiffany Ring!!

The allegations are as follows:

Free Drinks worth $58 million.

The ABA Journal reported that an attorney in Chicago who made a claim against Southwest Airlines pertaining to a change or modification to a free drink coupon policy which resolved the lawsuit at a value up to almost $60 million.

According to ABA Journal, the class action suit which was filed by Mr. Levitt alleging that Southwest Airlines breached the agreement with their customers pertaining to whether or not the airline would agree to honor $5 drink vouchers without expiration dates. According to the ABA Journal, the settlement is based on an estimate of $29 million to $58 million.
Initially, the drink vouchers were provided to customers who purchased special Business Select seats with the airline.

If this claim were filed in the New Jersey state courts, there also would be an allegation of fraud or consumer fraud. It is not clear whether such allegation was made in this particular case. Under New Jersey law under the Consumer Fraud Act, the petitioners of the class action would be seeking treble damages or basically cancellation of the expiration dates of the coupons.

Southwest Airlines disputed allegations in the case and representatives stated that they were very confident that if the case were litigated, Southwest would have prevailed.
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DEMAND FOR DOCUMENTS

1. Entire deal jacket 2. Any letters received from anyone acting on the plaintiff’s behalf 3. Invoice 4. All repair orders for this car 5. All insurance estimates and damage reports for this car 6. Deal Recap 7. Expert reports 8. Documents to be used at trial 9. Entire service history 10. All documents used in the certification process 11. Communication with the MFGR regarding the final certification and transmittal any proceeds sent to the MFGR.
12. VINS of all of the certified used cars that were sold by the dealership in the one year before the plaintiff’s transaction that either had 1) an accident/damage reported in CARFAX or 2) known damage to the car before the sale to the customer.
13. VINS of all of the certified used cars that were sold by the dealership in the one year before the plaintiffs transaction 14. If you are going to assert that the damage (alleged) done to the plaintiffs vehicle has no effect on the value or the selling price of the car please bring all records for any vehicle that was sold by the dealership with ANY damage disclosed and/or accident on CARFAX.
15. Any advertisement for the plaintiff’s vehicle 16. Book out sheet for the plaintiff’s vehicle to the financing source 17. Copies of any and all GALVES , NADA or any manuals used by the used car manager or any dealer employee to value used cars 18. Copy of the certification manual applicable to the plaintiffs car 19. Website material pertaining to the quality of certified used cars 20. Dealer license 21. Dealer bond Continue reading ›

What the Dealer Needs to Tell You When You Are Buying a Car!

The New Jersey Consumer Fraud Act must be followed when the dealer is selling a car.

1. If you ask a question the dealer must provide an honest, accurate – NON DECEPTIVE ANSWER –

The Law Journal is reporting a Consumer Fraud Act (UDAP) case wherein the seller of a car did not advise that a car was used as a loaner violated the Consumer Fraud Act.

More to follow

Consumer Fraud Act Violated by Not Revealing Used Car’s History