Law360, New York (March 1, 2016, 5:25 PM ET) — The Fourth Circuit on Tuesday denied a bid by a Nevada collection agency with ties to a South Dakota tribe for rehearing of the court’s recent ruling that the company couldn’t arbitrate claims from a putative class of payday loan borrowers, despite the company’s claims the decision could lead to widespread invalidation of arbitration agreements.
Does a business such as a law firm, gas station, boutique or other ongoing business entity have the right to sue under the New Jersey Consumer Fraud (CFA) (UDAP) Act when they have been a victim of consumer fraud? YES
The answer is yes under most circumstances. The courts have interpreted the New Jersey Consumer Fraud Act to apply to businesses (as a plaintiff) as they acting a a regular consumer. If a business is like in consumer and consuming a good then they are able to pursue a claim under the New Jersey Consumer Fraud Act. This business would have the same rights as any other person which would be triple damages, attorney’s fees and costs. This would be assuming that the business demonstrate an ascertainable loss related to the fraudulent conduct. Just because plaintiff is a business does not rule them out from being a plaintiff in a case.
The sole issue is whether or not the business is acting as a consumer or business. As an example, there was a case which was decided in the New Jersey courts that held as a re seller of ink cartridges there were no claims under the New Jersey Consumer Fraud Act. In that transaction the court held that business which had filed suit under the New Jersey Consumer Fraud Act was acting as a business and reselling the ink cartridges rather than consuming them.
Does New Jersey have a Lemon Law? Yes there is a new and used car lemon law that can be filed in Superior Court or in Administrative Court … – The Law Office of Jonathan Rudnick LLC – Google+
Source: Does New Jersey have a Lemon Law? Yes there is a new and used car lemon law …
Bergen County Verdict in a car sales case
$174,000 verdict for purchaser who did not get the title
www.consumer-attorney.com
CONSUMER PROTECTION
11-4-9287 Mehrnia v. Emporio Motor Group LLC, Chanc. Div.-Bergen Cnty. (Toskos, J.S.C.) (24 pp.) This case evolved from a dispute between several parties over their rights to the ownership of a used 2010 Ferrari. The car was sold several times. Plaintiff Mehrdad Mehrnia claimed that he purchased the vehicle for a price of $201,000. Defendant Hitfigure LLC claimed ownership of the 2010 Ferrari through a subsequent purchase for a price of $155,000. The dispute arose from the relationship between defendants Dream Cars National LLC and Gotham Dream Cars LLC and defendant Manhattan Leasing Enterprises Ltd. Gotham and Manhattan also claimed an ownership interest in the vehicle. At a time when Gotham was experiencing financial difficulties, Manhattan restructured their leasing arrangement, which led to Manhattan obtaining possession of the title to the 2010 Ferrari. Mehrnia purchased the car from Emporio Motor Group LLC, which had obtained the Ferrari from Manhattan. The Ferrari was later sold to Hitfigure. Mehrnia filed this litigation seeking a declaratory judgment that he was the owner of the Ferrari. He also asserted a consumer fraud and conversion claim against Gotham and Manhattan. Finally, Mehrnia included a civil conspiracy claim as to Emporio, Gotham and Manhattan, alleging that they conspired to deprive Mehrnia of his property.
A New Jersey jury on Thursday awarded $2.9 million to a class of surgical technology students who alleged Star Career Academy misrepresented their career prospects in the wake of a 2012 law that imposed stricter accreditation standards on the profession.
Source: NJ Jury Renders $2.9M Verdict Against School In Fraud Case – Law360
Attorney general calls it “one of the largest frauds in the history of the automobile industry”
Source: Volkswagen sold more than 17K polluting cars in N.J., lawsuit says | NJ.com
The Justice Department is suing the automaker over illegal emissions-control software installed in thousands of diesel vehicles.
Source: Why the U.S. Justice Department Is Suing Volkswagen – The Atlantic
FTC AND DEBT RELIEF AND FRAUD AND CONSUMER FRAUD
New Jersey Lemon Law Lawyer Blog
