Damaged Cars

Consumer Fraud Jury Trial: Trying a Consumer Fraud Case

January 16, 2021 | Jonathan Rudnick

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.

Dealership selling damaged cars

January 10, 2021 | Jonathan Rudnick

New post on the web site about car dealerships selling damaged cars

What do you do, what can you do when a dealership sells you a damaged car

https://www.consumer-attorney.com/i-want-to-sue-a-car-dealership-lawyers-that-deal-with-car-dealer.html

FDA Fails to Call Attention to Consumer Fraud in CBD Hemp Market | Cannabis Now

March 22, 2016 | Jonathan Rudnick

A year ago last February, the FDA sent out the first of numerous warning letters to 18 companies marketing cannabidiol (CBD) products, regarding claims they were making about their products, in the hopes of protecting an unwitting and unknowing public, many naive to what CBD actually is. The letters that the companies received allege that […]

Source: FDA Fails to Call Attention to Consumer Fraud in CBD Hemp Market | Cannabis Now

Civil Complaint for selling a damaged car that was a CPO or certified pre owned car

February 14, 2016 | Jonathan Rudnick

The plaintiff, residing in Edison, New Jersey, says by way of complaint against the defendants as follows:
COUNT I
1. On or about September 28, 2013, the defendant, Auto Group, of East Brunswick, was a corporation licensed to do business in the State of New Jersey.
2. On or about that date, the defendant, MANUFACTURER, was also a corporation licensed to do business in the State of New Jersey.
3. On or about that date, the plaintiff acquired a used 2011 Acura MDX black, with 30,711 miles.
4. The vehicle was represented as a certified pre-owned vehicle and of higher quality than other certified pre-owned vehicles.
5. It was also specifically represented that the vehicle was not involved in any prior automobile accidents. The literature indicating that the vehicle was of higher quality and not in a prior automobile accident were both from the manufacturer and/or the selling dealer indicating that the vehicle was of higher quality than other used vehicles. The selling dealer specifically stated that the vehicle had not been in a prior automobile accident.
6. The plaintiff signed various documents including a retail installment sales contract and a buyer’s order to acquire the vehicle which the purchase price was $30,500.
7. As part of the transaction, the defendant dealership and/or the manufacturer issued a certified pre-owned warranty which the plaintiff paid a dollar amount for which is not disclosed in the appropriate paperwork. Continue reading ›

Buying a Car is Awful Because… Tell Me… e Mail Me…

July 15, 2012 | Jonathan Rudnick

Buying a Car is Awful Because… Tell me…

I have represented over a thousand people and have purchased many cars myself. Almost every experience related to me is the same. It sucked. The reasons are different BUT the results are the same. It sucked!! Take a look! Here too about the tricks.

I would describe it as follows:

New Jersey Law on Damaged Cars

June 17, 2011 | Jonathan Rudnick

In New Jersey the legislature has partially codified the aforementioned principles in N.J.S.A. 56:8-68, which states that it is an unlawful practice for a used car dealer to (a) misrepresent the mechanical condition of a used vehicle; (b) to fail to disclose, prior to sale, any material defect in the mechanical condition of the used motor vehicle which is known to the seller; (c) to represent a used motor vehicle, or any component thereof, is free from material defects in its mechanical condition at the time of sale, unless the dealer has a reasonable basis for the representation at the time sale is made. It is arguable that these “disclosure” requirements would be required under any “common law” analysis, which predated this Statute. Nonetheless, the creation reinforces the purposes advanced by the Consumer Fraud Act, trebling damages and providing for the award of attorney fees.

The Administrative Code also contains extensive regulation of dealership conduct. The failure to disclose that the motor vehicle had been previously damaged and that substantial repair or body work has been performed on it when such prior repair or body work is known or should have been known by the advertiser; substantial repair or body work shall mean repair or body work having a retail value of $1,000 or more. N.J.A.C. 13:45A-26A.7. Advertisement is defined by the Consumer Fraud Act as the attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to induce directly or indirectly any person to enter or not enter into any obligation or acquire any title or interest in any merchandise or to increase the consumption thereof or to make any loan. N.J.S.A. 56:8-1(a). Again, this definition of “Unlawful Practice” would arguably exist under the Common Law principles set forth above.

The New Jersey Consumer Fraud Act to be Watered Down and SIGNIFICANTLY Helps Car Dealerships

January 15, 2011 | Jonathan Rudnick

The New Jersey Consumer Fraud Act is to be Watered Down, significantly.

New Jersey has one of the strongest Consumer Fraud Acts in the United States.

There is pending legislation to change the Consumer Fraud Act and make it easier to avoid civil penalties for fraud.

Anti-Consumer Bill: New Jersey to Welcome Corrupt Businesses

January 11, 2011 | Jonathan Rudnick

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 non-resident (living in NY, PA or CT) there are no consequences.

“a. apply only to transactions that take place in the State”

Car Salesmen and Dealserships to be Protected with Proposed Changes in Consumer Fraud Act

January 10, 2011 | Jonathan Rudnick

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 regulated, such as car dealerships. It would also limit liability for consumers who consummate out-of-state transactions. This arguably contradicts other legislation that has been introduced to increase liability for those committing consumer fraud.

Car Salesmen Protected in Proposed New Jersey Consumer Fraud Act Changes

January 3, 2011 | Jonathan Rudnick

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.